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OJiji  h 


REPORT  OF  THE  SELECT  COMMITTEE 


APPOINTED  TO   INVESTIGATE  THE 


MEMORIAL  OF  DAYIS  HATCH. 


JUNE    25,    1870. 


WASHINGTON: 

GOVERNMENT     PRINTING     OFFICE, 
-1^6  9  . 


41ST  Congress,  )  SENATE.  i  Report 

2(1  Session.       J  )   No.  234. 

r  IJBT>A7^Y 

\ °1  "?>  ^'  ^  UNIVFPF^TTY  OF  r  A  T JFORNIA 

\i  w  SANTA   BARBARA 

IN  THE  SENATE  OK  Till:  UNITED  STATES. 


Jixi:  25,  l!^70. — Oiilored  to  be  printed,  and  that  2,000  extni  copies  of  the  report  and 
accompanying  testimony  be  printed  for  the  nse  of  the  Senate. 


^Ir.  Howard,  from  the  select  committee  appointed  to  investigate  the 
memorial  of  Davis  Hatch,  submitted  the  following 

HEPOET: 

On  the  8th  of  June  the  Senate  passed  the  following  order : 

liesolved,  That  the  memorial  of  Davis  Hatch  and  the  accompanying  papers  be  referred 
to  a  select  committee  of  seven  senators  to  investigate  and  report  thereon,  vi^ith.  power 
to  examine  witnesses  and  to  send  for  persons  and  papers. 

The  petition  of  Mr.,  Hatch  dated  at  the  island  of  St.  Thomas  May  13, 
1870,  sets  forth  that  he  is  a  citizen  of  Connecticut ;  that  in  a  jiaper  at- 
tached to  it  and  of  the  same  date,  he  represents  a  grievance  arising  out  of 
the  cruel  treatment  to  which  he  had  been  subjected  by  Baez,  i^resident 
of  the  Dominican  Republic,  designedly  and  with  set  purpose,  by  order- 
ing a  sentence  of  death  to  be  passed  upon  him  and  permanently  injuring 
his  health,  &c.,  for  which  he  claims  damages  in  the  sum  of  tifty  thou- 
sand dollars  from  that  government,  which  sum  he  believes  to  be  justly 
due  him  for  what  he  has  suffered  in  person,  character,  and  influence  in 
being  deprived  of  his  liberty  six  months  and  twenty  dnys  ;  and  he  asks 
the  intervention  of  the  government  of  the  United  States  to  aid  him  in 
obtaining  that  amount  of  damages  for  such  his  alleged  wrongs.  He 
also  claims  the  further  sum  of  $8,5-17  12,  for  spoliation  of  his  property 
by  the  armj-  of  Baez  in  that  republic. 

To  this  petition  he  attaches  a  detailed  statement  of  the  wrongs  he 
alleges  to  have  been  committed  npon  him  by  the  government  and  army 
of  Baez.  He  says  that  in  18G2  he  became  the  agent  of  a  New  York 
association  organized  for  the  purpose  of  obtaining  a  concession  of  the 
salt  mines  of  Neyba,  in  the  i^rovince  of  Azua,  in  that  rei>ublic ;  that  he 
reached  the  city  of  San  Domingo  on  the  lOtli  of  January,  18G2,  while 
the  island  was  in  the  quiet  possession  of  the  government  of  Spain  ;  that 
in  February,  1864,  the  captain  general  handed  him  the  grants  for  which 
he  had  asked;  that  an  insurrection  broke  out  and  that  on  the  11th  of 
July,  18G5,  the  Spanish  government  abandoned  the  country  ;  that  after 
an  interregnnm  of  five  months  a  government  was  organized  under  the 
presidency  of  Baez ;  that  the  latter  on  the  20th  of  December  hearing 
that  an  insurrection  had  broken  out  :  gainst  his  government  at  Puerta 
Plata  refused  to  reconfirm  to  Hatch  the  concessions  he  had  obtained 
and  changed  his  friendly  course  toward  Mr.  Hatch,  and,  as  the  latter 
believes,  for  the  purpose  of  extorting  from  him  a  sum  of  money  for 
such  reconfirmation  ;  that  on  the  3d  of  February,  18GG,  President  Baez 
caused  a  decree  to  be  passed  annulling  these  grants,  the  original  con- 
sideration of  which  was  a  royalty  on  the  salt  exported  from  the  mines ; 
that  on  the  29th  of  May,  ISGG,  Baez  was  deposed  and  left  the  country 
on  the  0th  of  June  ;  that  General  Jose  j\[.  Cabral  succeeded  to  the  presi- 


II  DAVIS    HATCH. 

deuey,  and  that  CabraFs  goveriiuieut  gave  bim  (Hatcli)  grants  in  said 
salt  mines  substantially  the  same  as  those  issued  by  the  Spanish  govern- 
ment, with  other  privileges  ;  that  Mr.  Hatch  as  such  agent  iunnediately 
took  possession  of  said  salt  mines  and  established  his  residence  at 
Baraliona ;  that  in  November,  1807,  an  insurrection  broke  out  against 
Cabral,  and  lasted  until  February,  18GS,  when  Cabral  capitulated  ;  that 
the  memorialist  remained  neutral,  showing  no  preference  for  either 
party,  and  was  respected  and  protected  by  both ;  that  by  reason  of  the 
disturbed  state  of  the  country  the  salt  mines  were  not  worked  ;  that  on 
the  6th  of  May,  1S()9,  the  military  forces  of  Baez  abandoned  Barahona. 
twelve  days  after  which  it  was  taken  possession  of  by  an  organized 
force  of  three  hundred  men  of  Cabral's  party ;  that  on  the  14th  of 
August  following  it  was  retaken  by  Bae/'s  party,  under  General  Garcia  ; 
that  Garcia  and  his  staft"  came  to  Hatch's  house,  and  were  there  hos- 
pitably entertained  ;  that  Garcia  soon  left  the  house,  and  that,  in  his 
absence,  fifty  of  his  men  plundered  the  house  of  its  most  valuable  con- 
tents ;  that  this  outrage  was  repeated  on  the  17th  of  August,  as  a  pun- 
ishment for  which  Garcia  caused  one  of  his  men  to  be  shot ;  that  on 
the  28tli  of  August  Garcia  caused  him  (Hatch)  to  be  removed  and  taken 
to  the  j)ort  of  Azua,  where  he  was  arraigned  before  the  military  com- 
mander and  required  to  give  a  statement  respecting  his  intercourse  with 
the  party  of  Cabial  Avhile  they  occupied  Barahona ;  that  he  was  then 
removed  to  San  Domingo  City,  and  afterward  retraHsferred  to  Azua: 
that  on  the  28th  of  September,  thirty  days  after  his  arrest,  he  was  pre- 
sented with  a  so-called  "act  of  accusation,'' which  was  the  first  he 
knew  of  what  he  was  accused;  that  he  was  brought  to  trial  before  a 
court-martial  on  the  1st  of  October ;  that  the  court  refused  to  allow 
him  time  to  i)repare  his  defense,  to  semi  for  witnesses,  oi-  for  important 
paj)ers  not  then  in  his  ])ossession  ;  that  he  had  no  counsel,  but  only  a 
Iriendly  citizen,  to  aid  him  in  his  defense  ;  that  on  the  trial  he  made  no 
defense  except  to  protest  against  the  proceedings,  and  did  not  even 
(piestiou  any  of  the  witnesses  called  against  him  :  that  four  of  tlie  wit- 
nesses were  in  irons  Avhen  they  gave  their  evidence  ;  that  this  evidence 
was  taken  in  Ins  absence,  and  that  before  the  trial  one  of  tlu\se  witnesses 
was  executed  for  crime ;  that  at  two  o'clock  the  next  morning  the  court 
pronounced  sentence  of  death  against  Ihe  memorialist ;  that  the  follow- 
ing night  the  governoi-  of  the  province  sent  a  messenger  to  l*resident 
Bacz,  with  a  petition  lor  his  pardcm ;  that  on  the  4th  of  October  Presi- 
dent Baez,  Avithout  having  seen  the  ])roccedings  on  the  trial,  commuted 
the  sentence  to  banishment,  '-without  any  ])roviso  or  reservation,''  not- 
viithstandiiig  which  the  memorialist  was  held  a  ])ri.soner  until  the  ir)th 
of  ]\Iarch,  1.S7(),  \\lien  he  was  released  \\]nm  the  perem])tory  demand  of 
the  LTiiited  States  commercial  agent  (Mr.  J\'rry)  and  llearAdmiral 
Poor;  that  tlie  memorialist  embarked  in  a  government  vessel  at  Azua 
on  IIk'  jr)ili  of  March,  arrived  at  San  Domingo  on  the  17th,  and  was 
imnuMliately  ordered  to  leave  the  country.  He  alleges  that  he  was  to 
have  been  banished  at  once,  but  that  l?aez's  government  kei)t  him  in 
conliiieinent  for  six  weeks,  wliilo  waiting  to  have  a  copy  of  the  j)roceed- 
ings  on  his  trial  made,  out  to  bo  sent  to  the  United  States;  that  he  ex- 
pected lo  embark  and  leave  the  country  as  early  as  the  17t!i  of  the  i)re- 
vious  Nov('iid)er,  an<l  that  In-  believes  that  his  disnpi)oiiitment  in  (his 
was  in  coiisecpicnceof  the  wnival  in  San  Domingo,  on  the  JL'thofNo- 
vembci,  of  onr  new  coninicrcial  agent,  ,"\Ir,  Terry;  that  he  wrote  fonr 
letters  to  Teriy,  asking  him  lo  inlcrfcic  in  iiis  bcIialC,  but  received  no 
letter  noi-  message  in  nnswcr. 

The  )/iemorial  and  tlie  n;nrati\e  (»!"  .Mr,  Ihilch   have  been  printed  for 


DAVIS    HATCH.  HI 

the  use  of  the  Sentite.  The  charges  ag-aiust  him,  coutained  in  the 
record  of  the  in-oceeding-s  transmitted  to  the  Secretary  of  State,  and  to 
be  found  in  the  printed  testimony  liereto  attached,  (p.  7G,)  are  of  a 
serious  nature. 

THE  TRIAL  OF  3IU.  nATCII  ]}Y  COUKT-MARTIAL   IN  SAN  DOHINGO. 

He  is  accused  of  the  crime  of  incitement,  and  tlie  prosecuting  oificer) 
specifies  in  clear  terins  four  grounds  of  accusation,  as  follows : 

1st.  That  ho  had  kuo^Yillg•ly  seeomTed  the  enterprises  of  the  onemies  of  the  republic 
aud  leut  himself  to  protect,  in  his  quality  as  a  strano-er,  the  operations  of  a  thievinjj, 
■warlike,  sanguinary,  and  devastating  faction.  2d.  For  having  s])ontaneously,  and  of 
his  own  Avill,  converted  his  own  house  into  a  lodgment  known  by  the  chief  leaders  of 
said  faction,  cultivating  with  them  the  most  frienilly  relations.  :^d.  For  having  au- 
thorized said  chiefs  and  rebels  to  transform  his  own  house  into  a  known  arsenal, 
wherein  were  manufactured  aud  sent  from  ammunitions  of  war,  destined  to  hostilizu 
the  legitimate  government.  4th.  For  having  most  efticaciously  aided  the  insurgents, 
providing  them  all  the  necessaries,  aud  negotiating  their  drafts,  which  he  paid  in  order 
to  give  them  means  for  their  wants.  In  consequence  thereof,  said  Davis  Hatch  is  ac- 
cused of  having  committed  the  crime  of  enticement,  with  no  extenuating  circum- 
stances, said  crime  being  provided  for  and  (jualified  according  to  the  fifty-ninth  article 
of  the  military  penal  code,  in  its  fourth  incise,  and  by  the  eighty-sixth  article  of  the 
common  penal  code  in  forc(>. 

We  cannot  assume  to  pronoiuiee  the  proceedings  against  3.1r.  Hatch 
to  be  insufficient.  It  must  be  recognized  as  the  right  of  every  inde- 
pendent nation  to  adopt  such  forms  of  proceeding,  both  in  criminal  and 
civil  matters,  as  its  government  may  see  fit,  although  such  i)roceediugs 
may  not  be  in  accordance  with  our  own  notions.  The  independence  of 
nations  requires  this  recognition  of  their  right  to  manage  their  own  in- 
ternal affairs  in  the  manner  agreeable  to  themselves.  And  it  cannot  be 
denied,  that  where  a  foreigner  takes  uphisdomicilinacountryheis  sub- 
ject to  its  laws,  aud  cannot  deny  its  authority  to  arraign  aud  punish  liim 
for  offenses  against  the  la^vs.  It  is  true,  that  should  such  government 
refuse  justice  to  the  foreigner,  or  discriminate  against  him  in  such  manner 
as  to  subject  him  exi^ressly  and  designedly  to  wi'ong  and  injury,  the  gov- 
ernment to  which  he  belongs  would  have  a  right  to  complain  and  to  de- 
mand reparation.  But  in  the  case  of  Mr.  Hatch  we  have  not  been  able 
to  see,  in  the  voluminous  testimouj'  taken  by  the  committee,  any  evi- 
dence of  a  depaiture  from  the  legal  forms  prescribed  by  the  laws  of  the 
republic.  Indeed,  he  does  not,  in  his  papers,  allege  any  irregularity  or 
departure  from  the  forms  prescribed  bj'  law  for  his  trial,  nor  has  any 
such  been  pointed  out  to  the  committee.  He  was  charged  with  enter- 
taining Cabral  and  his  party  of  revolutionists,  giving  them  aid  and 
comfort,  at  a  time  when  Baez  was  firmly  seated  in  power,  and  his  gov- 
ernment beyond  a  doubt  the  de  facto  government  of  the  republic,  and 
doing  this  at  a  time  vrheu  the  town  of  Barahona,  occupied  by  Cabral, 
had  been  declared  in  a  state  of  siege  by  Baez.  He  is  also  charged  with 
"offering  his  house  as  a  lodgment,  and  a  store  and  arsenal  to  the  ene- 
mies of  the  constituted  government."  It  should  not  be  overlooked  that 
in  his  own  narrative  3Ir.  Hatch  states  that  on  the  M  of  September  he 
was  ordered  before  the  military  commander  at  Azua,  to  give  his  own 
"  declaration  of  his  intercourse  with  the  party  of  General  Cabral  while 
they  occupied  Barahona,  which  he  ga\'e  frankly,  as  appears  on  the 
record  of  his  trial  herewith  presented.''  From  the  record  he  refers 
to  (Testimony,  p.  67,)  it  appears  that  he  traded  with  and  entertained 
Cabral's  i)arty  while  they  were  in  possession  of  Barahona  :  the  follow- 
ing extract  will  show  to 'what  extent — it  is  his  own.  statement : 

Asked:  There  is  a  witness  who  declares  that  when  the  commander  of  arms,  or  the 


IV  DAVIS    HATCH. 

rebel  administrator,  desired  to  make  a  payment,  the  order  was  delivered  to  au  indi- 
^'idual,  and  it  was  paid  bj-  yon  ;  what  can  you  answer  to  this  ' — Answered :  That  what 
has  been  asked  him  is  false";  that  he  had  never  honored  such  orders,  nor  received  any 
kind  of  drafts  from  the  faction  ;  and  that  the  truth  is,  that  sometimes  individuals  Avith 
whom  he  carried  on  the  mahogany  business  would  present  themselves  with  a  promis- 
sory note,  which  they  had  received  from  the  insurgents,  and  as  a  matter  purely  com- 
mercial, and  in  order  to  favor  his  customers  in  mahogany,  he  did  accept  said  notes  at  a 
discount. 

Asked:  In  what  sense  did  the  chiefs  of  the  insurgents  issue  their  notes?— Answered: 
That  said  notes  expressed  the  object  taken  from  the  individual,  as  well  as  the  sum  of 
its  value  and  its  inversion  among  the  troops. 

Asked :  Did  you  recognize  as  legitimate  the  government  of  the  authorities  that  issued 
said  notes  ? — Answered  :  That  he  had  accepted  those  chiefs  not  as  government  but  as 
authorities,  and  that  under  this  consideration  he  had  no  dilhculty  in  trading,  particu- 
larly with  his  mahogany  customers  ;  that  as  he  had  seen  six  revolutions  and  equal 
changes  of  government  in  four  years,  more  or  less,  and  the  present  one  being  for  more 
than  three  months,  occupying  in  quiet  possession  a  great  extent  of  territory  as  that 
from  Petit  Frou  to  San  Juan,  receiving  constantly  means  from  abroad  as  well  as  via 
San  Juan,  and  not  receiving  any  news  from  or  about  the  government,  he  believed  it  to 
be  a  settled  question,  and  for  tliat  reason  considered  those  chiefs  as  authorities,  as  he 
had  before  stated. 

Asked  :  What  kind  of  money  did  tlie  notes  you  negotiated  express  ? — Answered  :  That 
they  were  issued  for  hard  money. 

Asked:  Against  which  treasury  were  they  drawn  ? — Answered:  Against  none  ;  that 
they  were  simple  promissory  notes. 

Asked  :  As  a  stranger,  and  observing  such  conduct,  did  you  not  consider  you  would 
compromise  yourself  with  the  government  ? — Answered :  That  as  he  had  acted  in 
a  similar  manner  during  the  revolution  tliat  brought  about  the  fall  of  Cabral,  he 
never  thought  he  coidd  incur  in  any  trouble  Avhatever  in  tlie  present  one,  when  his  pos- 
terior negotiations  with  Generals  Thomas  Sepulveda,  alias  Lane,  and  Antonio  Cuello, 
aJiax  BLas,  were  accepted  by  General  Valentine  Kamirez  Baez  himself. 

In  this  manner  the  proceedings  were  suspended,  in  order  to  be  continued  afterward, 
if  necessary,  and  after  his  declaration  was  read  to  him  he  expressed  himself  satisticd, 
and  would  sign  it,  notliwithstaiuling  tlie  absence  of  liis  consul,  it  being  a  necessary 
requisite  to  declare!  a  settlement,  according  to  the  treaty  existing  between  the  Domini- 
can government  and  the  American  nation,  to  wiiich  lie  belongs,  reserving  the  rights 
that  said  treaty  might  concede  him. 

It  is  clear  from  liis  own  stateineiits  that  lie  had  been  trahickiiig-  Avith 
the  eiiciuy  at  liarahona.  Sabsociueutly,  on  the  Kith  of  Sei)leuiber,  after 
his  removal  to  the  city  of  San  Domingo,  he  was  aj^ain  questioned  before  a 
military  olhcer  at  his  own  request,  and  in  the  presence  of  the  American 
commercial  ay,ent,  as  the  same  record  (p.  (51*)  shows;  and  on  this  occa- 
sion he  admitted  that  he  had  invited  CabrnUs  i)artisans  to  his  own  house 
in  liarahona.  Tliis  invitation  was  surely  anythiu.c,-  but  evidence  of  his 
neutiaUty.  But  we  Avill  let  him  speaic  for  hiinscU".  The  record  (p.  (10) 
contains  tlie  following : 

Asked:  Wliat  motives  compencd  you  to  nianilist  au  open  partiality  in  i'avor  of  a 
taction  tliat  wars  against  (he  jninciples  of  the  only  legitimate  government  in  this  rc- 
[lublie,  ;ind  wliieh  is  reeogiii/.e(l  l)y  your  government  and  other  powers.' — Answered: 
That  he.  had  ever  bcicn  neutral  with  the  dill'erent  governnu'nts  without  politically  tak- 
ing ]iart  in  any,  but  as  in  Barahona  there  was  no  safer  ami  larger  house  tlian  his  own, 
it  was  the  re.'i.soii  why  (Jenerals  I'ryol.  Cnriel,  and  Valverde  selected  it,  throuijh  hi.t  'ni- 
litalion,  at  tin-  ;iiiivai  oltIi<'  ste.iiner  'I'clegialb  at  I'arahona.  and  that  (ieneral  Cabral. 
wlieii  lie  visited  the  town,  Used  to  stop  thert;  also. 

Mr.  Hatch,  in  liis ])etition,  complains  tliiit  he  w;is  not  allowed  time  to 
l)r<'i);ir('  his  dclciisc,  »!vc.  I'lic  proceedings  seem  lo  have  been  i;ii»id,but 
not  moi-e  so  limn  iiiiiiiy  militaiy  lri;ils  lluit  might  be  cited.  Dispatch, 
and  often  precipitation,  ch;ii;icteii/.e  such  trials.  It  j)ert:iins  to  their 
Uiitute,  and  nmler  the  circnmsl:mces  of  the  country  ;it  fli;it  time  tlie 
rapiility  of  the  jinu'eedings  ought  n(»t  to  surprise  us.  '^flieir  |)eren)i)tory 
(diaracier,  however,  woidd  seem  to  lind  sonu'  palliation  in  the  fact  that 
wlien,  on  the  27th  of  Sei>t<'mber,  in;  was  vaited  ujjon  in  his  c(i]|  by  two 
oliicials  and  notified  to  select  some  one  to  defend  him,  he  sonu'wliat 


DAVIS    HATCH.  V 

curtly  rei)lied  thiit  he  "  would  think  about  it."    The  following'  is  the  dia- 
logue between  him  and  those  officials,  as  stated  in  the  record  : 

Asketl:  His  name  and  surname,  ajjjc,  profossion,  and  military  rank,  nnmhor  of  bis 
company,  battalion,  anil  ri',i;iinciit. — Answered:  That  he,  was  named  Davis  Hatch,  of 
fifty-six  years  of  age,  married,  a  merchant  by  trade,  an  a^^ent  of  a  society  in  the  United 
States,  the  jilace  of  his  birth,  and  actnally  in  the  public  prison  of  this  city. 

In  consequence!  thereof,  the  ])rosecutinn;  attorney  declared  to  the  prisoner  that  he  was 
to  bo  tried  by  the  council  of  war,  advisinf;-  him,  at  the  same  time,  to  select  any  one  to 
defend  him. — Answered:  That  he  wonhl  think  about  it.  • 

This  beint^-  brought  to  a  close  on  the  same  date,  hour  ami  month,  and  year  aforesaid, 
it  was  also  read  to  the  jirisoner,  and  signed  with  ns,  the  prosecuting  attorney  and  sec- 
retary, who  certifies : 

DAVIS  HATCH. 
EVARISTO  AYBAR. 
«  KAFAEL  GAREIDO  SOSA, 

Secretary. 

It  is  not  difficult  to  conceive  that  such  an  abrupt  reply  to  officials, 
whose  duty  it  was  to  notify  him  of  his  approaching-  trial,  in  order  that 
he  might  i)rei)are  for  it,  would  have  created  in  their  minds  a  prejudice 
against  him.  It  was  indeed  in  the  nature  of  a  defiance.  Instead  of 
telling  them  he  was  not  ready  for  his  trial,  that  he  wished  to  summon 
witnesses,  and  to  send  to  the  city  for  important  papers  necessary  to  his 
defense,  (as  he  says  in  his  petition  was  the  case,)  he  tells  the  officers  he 
•'  will  think  about  it."  He  certainly  did  not  then  make  known  to  them 
his  Avant  of  preparation,  and  it  may  perhaps  be  correctly  said  that  they 
left  him  under  the  impression  that  he  was  then  as  ready  for  his  trial  as 
he  wished  to  be. 

On  the  trial,  as  admitted  by  3Ir.  Hatch,  he  "  did  not  question  any  of 
the  witnesses  introduced  against  him,  nor  make  any  defense  except  the 
reading  of  the  i^aper,"  drawn  up  by  his  friend  and  adviser,  ]\Ir.  Miranda. 
From  this  it  appears  the  witnesses  were  actually  brought  into  court, 
and  he  had  an  opportunity  to  question  them.  Why  was  this  important 
privilege  waived  by  him?  He  must  either  have  su'i)posed  that  no  real 
danger  impended  over  liim,  and  that  if  convicted  he  would  be  i^ardoned, 
as  Minister  Delmonte  had  already  promised  Mr.  Smith,  our  commercial 
agent,  (see  Smith's  testimony,  page  153,)  or  that  the  United  States  gov- 
ernment would  interfere  and  prevent  any  injury  being  done  him.  At 
any  rate  it  seems  certain  that  he  anticipated  no  personal  danger  from 
the  trial.  He  complains  that  four  of  the  witnesses  against  him  were  in 
prison  in  irons  when  they  gave  their  evidence,  one  of  whom,  he  says, 
was  sentenced  to  death  before  the  trial.  But  we  do  not  see  how  the  fact 
of  their  being  in  prison  and  in  irons  should  have  infliieuced  them  to  tes- 
tify falsely  ;  and  the  fact  that  they  were  thus  examined  in  secret,  and  in 
his  absence,  is  a  very  strong  reason  why  he  should  have  cross-examined 
them  in  court  in  reference  to  the  depositions  which  thej'had  thus  given. 

The  summing  up  of  Mr.  Aybar,  the  government  counsel  in  the  case, 
seems  to  be  omitted  in  the  record.  The  address  of  Mr.  Miranda,  acting 
for  Mr.  Hatch,  was  elaborate  and  extended.  Mr.  Hatch  was  found 
guilty  by  the  unanimous  vote  of  the  eight  judges.  The  sentence  of  the 
same  judges,  as  shown  by  the  record,  (p.\S3,)  formally  reciting  the  accusa- 
tion and  the  laws  of  the  republic  under  which  it  is  brought,  was  then 
pronounced  upon  him.     It  is  as  follows: 

For  all  these  reasons  the  council  war,  in  the  name  of  the  Dominican  Republic,  and 
iu  strict  compliance  with  the  above-mentioned  articles,  condemn  the  said  Davis  Hatch, 
of  fifty-six  years  of  age,  married,  a  native  of  the  Uiiited  States  of  North  America,  mer- 
chant, and  a  resident  of  Barahoua,  to  sutfer  the  jiain  of  death,     (See  p.  84.) 

This  was  early  in  the  morning  of  the  2d  of  October.  That  he  was  in 
no  apprehension  of  danger  is  sufficiently  apparent  froju  his  own  state- 


VI  DAVIS    HATCH. 

ment.  He  says  lie  ••  did  not  apprehend  anything  more  was  contemplated 
by  the  j)rosecution  than  to  find  some  pretext  to  send  him  ont  of  the 
country  nntil  the  evening  before  the  trial,  when  three  persons  of  respect- 
ability, in  the  confidence  of  the  government,  told  him  he  would  be  sen- 
tenced to  death,  but  to  have  no  fear,  for  they  could  assure  him  that  he 
would  be  immediately  pardoned ;  and  one  of  the  three  *  *  said  he 
had  seen  a  letter  from  the  President  to  the  governor  to  that  effect.'" 
Agaui  he  says  that  "  on  the  night  following  the  trial  (that  is,  the  night 
of" the  2d)  a  messenger  was  dispatched  to  the  capital  by  the  governor 
with  a  i)etition  to  the  President  for  pardon.  The  messenger  arrived  in 
the  capital  on  the  4th  day  of  October,  and  the  sentence  was  commuted 
to  hanishment  on  the  same  day,  the  4th,  icithout  even  seeing  the  ^proceedings 
on  the  trial y  and  without  any  proviso  or  reservation," 

In  order  to  show  something  of  the  evidence  against  Mr.  Hatch,  we 
cite  the  substance  of  the  depositions  of  four  witnesses,  to  wit :  Ellas 
Eamirez,  Francisco  Ferrera,  Santiago  Talavera,  and  Guillermo  De  la 
Paz. 

Talavera  swears  as  follows : 

Asked :  Vv'hat  information  can  you  give  tis  of  the  conduct  observed  by  Mr.  Davis 
Hatch  during  the  permanence  of  the  faction  in  the  town  of  Earahoua  ?— Answered : 
That  all  he  can  say  respecting  the  question  made  him  is,  that  all  the  resources  brought 
to  the  faction  froui  abroad  were  deposited  in  Mr.  Hatch's  house,  and  that,  moreover,  he 
had  seen  several  times  that,  from  the  ammunitions  of  war  which  were  deposited  in 
another  house  by  the  faction,  powder  and  lead  were  taken  to  Mr.  Hatch's,  and  there 
manufactured  into  cartridges.  He  moreover  stated  that  when  the  commandant  of  arms 
and  the  administrator  had  to  make  a  ]iaymcut,  they  drew  a  bill  in  favor  of  the  creditor, 
Avhich  was  paid  by  the  aforesaid  Hatch,  and  that  is  all  he  knows  and  can  declare  on 
the  oatli  he  had  given.  And  after  having  read  him  his  decl.aration,  ho  said  ho  was  sat- 
isfied, and  signed  with  us,  the  commandant  of  arms  and  the  secretarv.  who  certifies. 

SANTIAGO  TALAVERA. 

JOSE  MARIA  RODRIGUEZ. 

GALO  MONZON,  Hccrcianj. 

Ferrera  testifies  as  follows  : 

Asked  :  His  name  and  surname,  age,  civil  standing,  profession,  and  place  of  residence,, 
the  nnmber  of  the  battalion,  company,  and  regiment,  and  if  he  were  in  any  way  a  rela- 
tive to  Mr.  Davis  Hatch. — Answered:  Tliat  his  name  was  Francisco  Ferrera  ;  of  sixteeu 
years  of  age;  a  single  man  ;  a  farmer  by  ti'ade  ;  domiciliated  in  Barahona,  and  a  resi- 
lient of  a  place  called  Jnan  Estevan ;  that  he  belonged  to  no  corps,  nor  was  he  in  any 
way  related  to  the  aforesaid  Hatch. 

Asked  :  What  knowledge  have  you  of  tlie  conduct  o])served  by  Mr.  Davis  Hatch  dur- 
ing the  })ermancncr  of  the  faction  in  the  town  of  liarahona  ? — Answered  :  That  while 
the  rebels  occiii)iiMl  IJaraiiona,  lie  observed  tliat  the  goods  and  llonr  lirouglil  tliem  from 
abroad  were  deposited  in  the  house  of  Mr.  Davis  Hatch,  and  from  where  clothing  was 
taken  out  to  be  divided  among  the  troops,  as  was  also  fiour,  in  order  to  make  bread,  he 
Tiot  knowing  tin;  cans(^  of  snch  proceedings. 

Asked:  Do  yon  know  whether  Mr.  Davis  Hatch's  home  served  also  as  a  deposit  of 
arms  or  aninmnitions  of  war  to  (he  insnrgents  .' — Answen^d:  That  the  armament  was 
kei)t  in  a  dill'iTciit  honse;  and  that  from  lliere  i|nantities  of  jjowder  and  lead  were  taken 
to  the  house  of  Mr.  Davis  Hat<'h,  where  1  hey  were  mannfactnred  into  cartridges.  'I'liat 
was  all  he  knew  and  could  say  on  the  oath  he  had  t.aken. 

And  after  having  read  him  his  ileclarati(ni,  he  said  W  was  satisfied,  not  signing'  it. 
for  not  knowing  how  to  writ<-.  we  doing  it  in  his  stead,  iln;  <'oniinandant  of  arms  and 
the  secretarv,  avIio  certifies. 


,U)SE  ai.XRIA  RODRIGUEZ. 
(JALO  MONZON,  .SecrcUmi. 


Jtamirc/  tt'.''tili('S  as  tblh)VtS 


Asked:  His  name  and  sniname,  age,  civil  standing,  iwofcssion.  doniieil,  military  de- 
gree, iniiriber  of  ltatt;ilion,  e(ini|iany,  and  regiment,  ;ind  if  lie  was  in  any  v/ay  according 
to  law  rel.'ited  to  Mr.  Davis  Hatch  ? — .Viisweicd  :  'i'li.-it  hl^  is  n:uned  Elias  Ramire/,,  of 
thirty-eight  years  of  .-ige,  a  single  man,  .-i  breeder  of  <  attli>  by  Iradci,  domiciliated  in  the 
town  of  i!:uahon:i;  that  he  is  not  .1  military  man,  and  that  he  is  in  no  way  connected 
■witli  the,  gentleman  alluded  to  in  (he  (|nestion  jnst  made  him. 

Asked:  Wliat  knowledge  have  von  of  (he  eondnet  observed  by  Mr.   Davis   Hatch 


DAVIS    IIATCII.  •  VII 

ilnring  the  peiiimuciH'c  uf  the  insurgents  in  thu  town  of  liuviiliona  .' — Answered :  That 
all  lie  Iviiows  is  tli:it  ilr.  Hutch's  liousc  was  tlio  place  where  General  Cabral  made  it  a 
(Uistoni  to  lodge  at,  and  that  he  knows,  luoreovei',  that  from  there  tlie  insnrgent  troops 
were  i)rovided  witli  goods. 

Asked  :  r3o  yon  know  wliich  v/as  the  deposit  of  arms  and  ammunitions  of  war  of  the 
insurgents  ? — Answereil :  That  one  day  when  lie  Avas  conveyed  a  prisoner  to  a  place 
called  Kincon,  saw  a  convoy  with  annnunitions  of  war  leaving  the  house  of  Agustin 
Cambiei',  with  direction  to  the  same  place  where  lie  Avas  taken  as  a  prisoner,  and  that 
after  ho  arrived  there  he  lieard  say  that  cartridges  were  manufactured  at  the  house  of 
Mr.  Davis  Hatch.  That  that  was  all  he  knew  and  could  say  on  the  oath  hi;  had 
given. 

And  after  this  declaration  was  read  him,  he  expressed  his  satisfaction,  signing  with 
us  the  conunander  of  arms  ami  the  secretary,  who  certifies. 

ELIAS  KAMIlll^Z. 

.JOSE  MARIA  RODRIGUEZ. 

(JALO  MONZON,  Secretary. 

De  hi  Paz  swears  as  follows  : 

Answered  :  That  his  name  was  Gnillermo  de  la  Paz;  niniiteen  years  of  age  ;  a  single 
man  ;  and  hy  trade  a  farmer  ;  domiciled  in  Baiahoua.  and  a  resident  in  the  place  called 
Caballcro  ;  soldier  of  the  Caclion  company. 

Asked  :  What  do  yon  know  of  the  conduct  observed  by  Mr.  Davis  Hatch  during  the 
pennanence  of  the  rebels  in  Banilnnia  f — Answered  :  That  all  he  knows  respecting  the 
question  made  him  is,  that  all  the  goods  bi-ought  from  abroad  for  the  insurgents,  such 
as  flour,  rice,  hats,  and  dry  goods,  were  all  deposited  in  the  house  of  Mr.  Davis  Hatch, 
and  from  there  taken  as  they  were  needed. 

Asked:  Wliere  did  the  insurgents  deposit  their  arms  and  ammunitions  of  war? — 
Answered  :  That  the  muskets  and  lead  were  kept  in  the  house  of  Mr.  Augustin  Cambier , 
and  that  the  powder,  brought  in  barrels,  was  at  the  house  of  Mr.  Davis  Hatch,  after 
having  been  brought  from  the  place  where  were  to  be  found  the  muskets  and  lead, 
which  operation  was  done  in  order  to  manufacture  cartridges,  as  it  was  customary  to 
see  the  anuuuuition  already  prepared  taken  from  the  house  of  the  above-mentioned 
Hatch.  That  all  he  had  declared  was  nothing  but  the  truth  iu  accordance  with  the 
oath  taken. 

And  after  this  declaration  was  read  to  him  he  stated  that  he  was  satisfied,  and  as  he 
could  not  sign  it,  for  being  unable  to  write,  we  did  so  for  him,  the  commandant  of 
arms  and  the  secretary,  Avho  certifies. 

.JOSE  MARIA  RODRIGUEZ. 
GALO  MONZON,  Secretary. 

A  fifth  witness  by  the  name  of  Siufbroso  Batista  was  examined  and 
testifies  as  follows : 

Asked  :  His  name  and  surname,  age,  civil  standing,  profession  and  domicile,  and  if 
he  was  in  any  way  connected  by  law  with  ISlr.  Davis  Hatch  ? — Answered  :  His  name 
was  Sinforoso  Batista  ;  thirty-four  years  of  age;  a  single  man;  a  merchant  by  trade; 
domiciled  in  Barahona  ;  and  that  lie  was  in  no  way  connected  with  Mr.  Davis  Hatch. 

Asked  :  What  do  you  know  respecting  the  conduct  observed  by  Jlr.  Davis  Hatch  dur- 
ing the  stay  of  the  rebels  in  the  town  of  Barahona? — Answered  :  That  when  the  rebels 
arrived  at  said  place,  several  rebel  chiefs  lodged  themselves  iu  the  house  of  Mr.  Hatch, 
and  that  when  they  received  ammunitions  of  war,  such  as  goods  and  provisions,  these 
were  de])osited  iu  the  said  house,  though  the  powder  and  lead  were  deposited  iu 
another  house  and  from  there  brought  to  that  of  Mr.  Davis  Hatch,  iu  order  that  they 
might  be  manufactured  into  cartridges.  That  that  was  all  he  knew  and  could  say  on 
the  oath  he  had  taken. 

And  after  this  declaration  was  read  him,  he  expressed  himself  satisfied,  signing  with 
US,  the  general  commander  of  arms  and  secretary,  who  certifies. 

SINP^OROSO  BATISTA. 
JOSE  MARIA  RODRIGUEZ. 
GALO  :M0NZ0N,  Secretary. 

A  sixth  witness,  named  Wdliam  Home,  was  examined  on  the  29th 
of  December,  18G8,  respecting  the  conduct  of  Hatch  several  months  be- 
fore his  arrest.     He  testilied  as  follows : 

Asked:  If  ho  knew  or  presumed  the  motives  of  your  arrest ? — Answered:  No;  that 
lie  can  only  state  a  fi.'W  of  the  answers  given  by  him  iu  the  declaration  takeii  at  Azua. 

Asked :  Exjilain  to  ns  the  reason  why  you  were  questioned  at  Azua  ou  the  3d  of  the 
present  month. — Answered  :  That  he  could  state  nothing  mofe  than  wliat  he  had  already 
said  in  his  former  declaration. 

Asked  :  What  motives  comiK-Ued  you  to  manifest  an  open  ))artiality  in  favor  of  a  fac- 


VIII'  DAVIS   HATCH. 

tiou  that  Aviii'8  agaiust  the  principles  of  the  only  legitimate  goveruiiicut  iu  this  rc]ml)- 
lic,  aud  which  is  recognized  by  your  governmeut  and  other  powers  ? — Answered  :  That 
he  had  ever  been  neutral  with  the  dilterent  governmeuts,  without  iiolitically  taking- 
part,  in  any,  but  as  in  Barahona  there  was  no  safer  and  larger  house  than  his  own,  it 
was  tlie  reason  why  Generals  Pryol,  Curiel,  and  Yalverde  selected  it,  through  his  invi- 
tation, at  the  anival  of  the  steamer  Telegrafo  at  Barahona,  and  that  General  Cabral, 
when  he  visited  the  town,  used  to  stop  there  also. 

Asked.  How  can  you  say  that  you  are  impartial,  when  you  see  by  your  declarations 
that  you  shielded  with  your  name  and  with  the  immunity  of  a  stranger,  the  property 
of  the  faction,  converting  at  the  same  time,  your  house  into  an  arsenal,  where  cart- 
ridges were  manulactured  in  order  to  hostilize  the  legitimately  constituted  govern- 
ment, and  making  it  at  the  same  time  the  headquarters  of  the  rebel  chiefs  ? — Answered. 
That  in  reality  cartridges  were  manirfactured  iu  a  slied  situated  iu  the  yard  of  his 
house,  though  without  his  consent. 

Asked.  Whether  the  rebel  chiefs  ever  drew  on  him  f(U'  the  merchandise  and  jirovi- 
sions  found  iu  his  house  '! — Answered.  No  ;  that  the  administrator  in  the  town,  who 
they  had  appointed,  was  the  one  who  received  the  promissory  notes  and  used  to  take 
the  goods  from  his  house. 

Asked.  Is  your  permanence  in  Barahona  due  to  an  accident,  or  was  it  the  ettect  of 
the  insistence  on  your  part  in  obtaining  it  from  our  government  through  the  respect- 
able mediation  of  your  consul  ? — Answer.  Ko ;  that  was  only  his  pending  business  in 
that  town,  and  his  responsibility  with  a  company  compelled  him  to  be  there  in  order 
to  work  the  salt  mines. 

Asked.  AVhether  the  notes  he  negotiated  were  in  hard  money  and  against  Avhich 
treasury  they  were  drawn  ? — Answered.  That  they  were  drawn  against  no  treasury 
whatever  ;  that  they  were  bought  by  him  IVtr  half  their  value  more  or  less,  and  paid  in 
merchandise,  and  that  he  received  said  notes  Avith  the  hope  of  their  being  some  day 
guaranteed  to  him,  as  happened  in  the  case  with  General  Tomas  Sepulveda,  .alias  Lane. 

Asked :  Whether  General  Tomas  Sepiilveda,  or  any  other  ofticer  of  tlie  regenerating 
revolution  of  the  year  1867,  ever  drew  on  him,  or  asked  merchandise  in  order  to  sus- 
tain themselves  ? — Answered :  Never  ;  that  whenever  he  gave  them  anything  it  was 
Avithout  notes. 

Asked  :  If  ho  had  more  to  state? — Answered:  No  ;  that  Avhat  ho  had  already  stated 
to-day  and  iu  his  former  declaration  was  all  he  could  say.  Thus  ended  tlicse  proceed- 
ings. ' 

Asked:  IlaA'c  you  anything  further  to  declare  respecting  the  subject  on  which  you 
are  interrogated  f — Answered:  Nothing  further. 

And,  as  we  requested  him  to  sign  with  us  this  declaration,  he  answered  tliat  he 
ignored  the  art  of  Avriting.     Signed: 

THE  (iOVEKNOR. 

It  is  a  true  copy  according  to  the  original,  and  wiiich  I  certify. 

The  Secretarv. 

M.  M.  GAUTIEK. 

To  this  tlirect  and  coiicuiTeiit  testimony. of  the  live  witnesses  to  thc 
fiict  of  his  coni])lioity  with  Cabral's  party,  it  is  vain  to  opi)ose  the  un- 
sworn (k?nial  of  Mr,  Hatch.  Ha<l  their  statements  been  false  in  any 
material  respect,  it  seems  incredible  that  ]\Ir.  Hatch  should,  while  on 
trial  for  his  life,  have  remained  completely  silent — not  e\en  jjutting-  a 
question  to  any  of  the  witnesses.  Ami  it  is  unreasonable,  in  the  ab- 
sence of  counter-proofs  and  of  ;dl  cross-examination,  to  insist  that  the 
court  ouf;iit  lo  have  disregarded  the  testimony  of  tlie  witnesses.  The 
record  discloses  no  ])r()misc  of  pardon  oi-  other  advantnjic  to  be  derived 
by  tliem  for  ^nvin^-  tlieir  testimony,  nor  does  i\Ir.  Hatch  allcp'  that  they 
were  suborned,  or  <'ven  in  any  way  inlhienccd,  by  rewards  or  promise 
of  favor.  It  Avas  for  tlie  court  to  consider  and  wei;;h  the  testimony  be- 
fore them  ;  and  altIiou;;h  tlie  mode  of  taking-  and  prescntinj;-  it  was  dif- 
ferent from  that  observed  in  oui"  own  and  in  I'hi^lish  courts-martial,  yet 
it  was  in  accordance  with  the  laws  of  the  country  wlieie  Mr.  Hatch  had 
seen  fit  to  take  up  his  residence,  and  t(»  which,  l>y  the  laws  of  nations, 
he  was  sjd)ject. 

Nor  ou,£;ht  we  to  ovei'h)()k  I  lie  |)ioh;i  1)11  it  ics  ol'  t  lie  (Mse  \\  hi le  consider- 
inf(  the  (|iiestioii  of  his  coiiiplieily  with  tlieCalMiil  i)arty.  He  states 
himself  ihiit  iiftei'  IJiiez  had,  in  fSdC,  s(»ii.uht  to  extort  from  him  a  sum 
of  inf»iey  lor  the  rat ilie;itioii  of  his  m;iiifs  l)\-  t liiciiteiiinu'  lo  ;iiiiiiil  them. 


DAVIS    HATCH.  IX 

«, 
and  "  be  linally  caused  ii  decree  to  be  i)a.ssed  (by  the  senate)  on  the  od  day 
of  February,  ISOO,  annuHug  said  grants,''  against  which  act  Mr.  Hatch 
says  lie  protested.  On  tlie  succession  of  Cabral  to  the  presidency  in 
June  of  that  year,  as  Mi:  Hatch  tells  us,  "liis  government,  being  aware 
of  the  great  injustice  "which  had  been  done  him  (Hatch)  by  the  govern- 
ment of  Baez,  gave  him  grants  in  the  said  salt  mines  substantially  the 
same  as  those  issued  by  the  Spanish  government,  with  other  privileges, 
and  he  proceeded  immediately  to  said  salt  mines  with  a  competent  min- 
ing engineer,  made  a  careful  examination  of  the  mines,  and  surveyed' 
the  route  for  a  contemplated  railroad  from  the  mines  to  the  port  of 
Baraliona,  and  in  order  to  protect  the  interests  of  the  association  while 
waiting  the  organization  of  a  company  to  work  the  mines,  took  up  his 
residence  in  the  town  of  Barahona,  and  to  become  familiar  with  the 
country  and  the  people,  and  at  their  earnest  request,  engaged  in  mer- 
cantile business." 

It  thus  appears  that  Cabral  had  granted  him  not  only  the  same  salt 
mines,  but  also  other  privileges  which  he  does  not  see  lit  to  specify,  but 
which  were,  doubtless,  of  value  to  him ;  and  that  Cabral  did  this  with- 
out any  pecuniary  compensation,  but  to  remedy  the  "great  injustice" 
done  Hatch  by  Baez.  It  is  perfectly  natural  that  these  voluntary  favors 
from  Cabral  should  have  made  Hatch  the  Urm  friend  of  Cabral  and  his 
party ;  and  it  is  no  stretch  of  the  probabilities  of  the  case  to  take  it  for 
granted  that  Hatch  greatly  preferred  Cabral  and  his  party  to  Baez  and 
his  party,  and  that  he  sliould  have  given  the  former  not  only  his  confi- 
dence, but  aid  and  comfort,  wliile  in  the  occupation  of  Barahona.  We 
do  not  say  that  these  grants  from  Cabral  to  him  were  in  evidence  before 
the  court ;  all  '•\e  mean  to  say  is  that  the}'  naturally  tended  to  make 
Mr  Hatch  a  friend  of  Cabral  and  an  enemy  to  Baez,  and  predisposed 
him  to  commit  the  A'ery  offenses  with  which  he  was  charged.  AVe  can- 
not, therefore,  by  any  means  pronounce  the  trial  and  the  finding  of  the 
court  nnjustilied  by  the  facts  and  circumstances  of  the  case,  but  are 
compelled  to  conclude,  much  to  our  regret,  that,  by  his  own  imprudence, 
Mr.  Hatch  had  been  induced  to  depart  from  the  line  of  strict  neutrality, 
which  his  duty,  as  a  citizen  of  the  United  States,  required  him  to  pur- 
sue. And  in  the  presence  of  such  facts  as  are  before  us,  we  cannot  as- 
sume to  censure  his  accusation  and  trial  as  a  wanton  and  unprovoked 
act  of  injustice,  which  is  the  character  he  gives  them,  especially  as  he 
does  not  in  his  memorial  anywhere  allege  that  the  witnesses  swore 
falsely  against  him.  It  is  true,  he  states  tliat  he  was  not  allowed  time 
to  summon  witnesses  in  his  own  behalf,  but  it  nowhere  appears  that  he 
stated  on  oath  or  otherwise  who  or  where  his  witnesses  were,  or  what 
were  the  facts  and  circumstances  to  which  they  could  depose.  If  he 
had  felt  sure  of  being  able  to  produce  any  exculpatory  Avitnesses,  it 
seems  exceedingly  strange  that  he  should  not  have  informed  the  court 
through  his  friend  Miranda  who  and  where  they  were,  and  what  thej' 
could  swear  to.  Ln  such  an  exigency,  in  which  his  life  was  threatened, 
the  first  impulse  of  an  innocent  man  would  have  been  to  tell  his  judges 
not  that  the  witnesses  against  him  were  examined  while  "in  irons,"  but 
what  were  the  proofs  of  his  own  innocence.  And  yet  Mr.  Hatch  at  this 
perilous  moment  Avas  silent  as  to  any  such  witnesses.  His  friend  and 
adviser,  Miranda,  oidy  notified  the  court  that  Mr.  Hatch  had  "  some 
documents,  to  be  found  in  his  trunk  in  the  capital,  which  were  neces- 
sary for  him,"  without,  however,  informing  the  court  of  the  nature  and 
character  of  these  documents.     (Printed  testimony,  p.  78.) 


X  DAVIS  HATCH. 

f 

]MK.  hatch's  detention. 

We  come  uow  to  consitler  Mr.  Hatch's  coiiiplaiut  that,  aftei-  lie  was 
sentenced  to  death,  and  after  this  sentence  was,  as  he  says,  commuted 
to  banishment  from  the  country,  he  was  detained  by  the  government  of 
San  Domingo.  This  detention  is  imputed  in  part  to  the  government  of 
the  Dominican  Republic,  and  in  part  to  the  interference  of  agents  of  the 
United  States,  on  the  island,  connected  with  the  negotiation  of  the 
'treaty  of  annexation  now  before  the  Senate;  and  we  are  obliged  to  con- 
sider this  question  in  a  two-fold  aspect,  as  affecting  both  that  goverii- 
ment  and  those  agents. 

It  is  much  to  be  regretted  that  no  copy  of  this  pardon  or  commutation 
is  attainable  at  Washington  City.  Mr.  Smith,  the  United  States  com- 
mercial agent  at  San  Domingo,  during  all  Mr.  Hatch's  difficulties  there, 
was  in  the  city  of  San  Domingo  at  the  time  of  Mr.  Hatch's  trial,  convic- 
tion, and  sentence.  He  testified  before  the  committee  that  very  soon 
after  the  sentence  he  saw  the  pardon  or  commutation  as  published  in 
the  official  gazette,  but  it  does  not  appear  that  he  sent  a  copy  home  to 
liis  government.  3[r.  Perry,  his  successor,  who  relieved  Mr.  Smith  on 
the  I6th  of  November,  1869,  seems  to  have  been  equally  neglectful  in 
transmitting  a  copy  to  the  State  Department.  The  committee  called 
upon  the  Secretary  of  State  to  cause  search  to  be  made  for  it,  but 
received  for  answer  that  no  such  document  was  to  be  found  in  the  depart- 
ment.    The  following  is  the  rciily  : 

Dl'.rAIJT^rENT  ov  Statk, 

ll'ashinglon,  June  18.  1870. 

Sm  :  I  liJiYC  the  houor  to  acknowledge  the  receipt  of  yom-  letter  of  the  17tl'.  iiistaut, 
iu  which  you  reciuest  mo  to  transmit  to  you  a  cojiy  of  the  "  jiardon  of  Davis  Hatch," 
and  to  inform  you,  inrejdy,  that  no  such  document  has  been  received  at  this  department. 
I  have  the  honor  to  be.  sir,  your  obedient  servant, 

J.  C.  B.  DAVIS, 

Acthiff  Secrclary. 
Hon.  .T.  M.  IIowAUD, 

r.  S.  Scitatc. 

So  that  we  are  left  somewhat  in  the  dark  as  to  its  actual  contents. 
Mr.  Hatch  in  his  narrative  says : 

The  ni.i;lit  foUowinj?  a  messenj^er  was  dispatched  to  the  capital  by  the  governor 
with  a  jtetition  to  the  President  for  pardon.  The  messen<Ter  arrived  in  the  ca])ital  on 
the  4tii  (hiy  of  October,  and  the  sentence  was  comnuited  to  banislnncut  on  tlu^,  same 
day,  tlie  4tli,  without  even  s('ein<f  tiie  proceedin<;'s  on  tlni  trial,  and  witliont  any  jiro- 
viso  or  reservation.  Notwithstanding  which,  tlie  nnih^rsigned  (Hatch)  was  still  hi^ld  a 
prisoner  until  the  l.")th  d:iy  of  March,  1870. 

^\y.  Sinitli  (printed  testimony,  ])agc  154)  states  that  it  was  "entirely 
an  unc<)iiditi()ii:il  ])ardon,  any  further  than  that  he  iras  io  receive hia  paHn- 
porls  and  leave  ilic  coioifrji.''  He  asserts  that  he  saw  the  i)ar(l(m  ''in  the 
ollicial  ])ull(;tin,"  and  that  "  he  understood  he  Avas  itardoncd,  would  rc- 
(;eive  his  ])assports  and  leave  the  country,  because  Delmonte,  the  min- 
ister of  justice,"  informed  him  he  was  at  "liberty  atAzim,  I  su])pose,  as 
free  as  you  are  walking  about  there  now.  I  inferred  from  what  J)el- 
monte  said  that  it  was  an  uncoiiditiomil  i)nrdon." 

l>ut  this  is  not  very  satisfactory  itroof  of  the  contents  of  the  instru- 
ment. The  original  or  an  autlicnticatcd  ropy  would  be  far  more  so;  for 
the  gravamen  of  the  charge  against  the  Dominican  government  is  that 
they  viohited  the  t<'rmsolthe  ])ardon  granted  to  Mr.  Hatch.  Jt  is  a 
serious  chai'ge  and  ought  to  be  siistaiiuMl  if  true  by  the  most  indubitable 
evidence. 

Jn  the  ab.sence  of  the  dociiuienl  iiself  we  cite  tlie  letter  of  the.  Do 
minican  minister  of  foreign  artaiisoi' the  I'Mli  of  I'ebrnary  last,  toshow 


DAVIS    HATCH.  XI 

its  coutenis  uiul  also  the  luotivcs  wliich  iiiliuenced  tlie  Dominican  gov- 
ernment to  detain  ]\fr.  Uatcli. 

Dki'aktmknt  of  Statk  K(»u  Foreign  Affairs, 

iSau  Bomiitfio,  Fchruary  19, 1870. 

Mr.  Consul  :  Jn  virtuo  of  the  evidence  producod,  pendin<?  tbo  trial  of  Mr.  Davis 
Hatcli,  lio  was  coiiili'iiuied  to  death,  when  President  15aez  apjiealed  to  the  honorable 
body  of  senators,  asklnjf  them,  by  means  of  a  special  niessa<>e,  for  their  co-operation  to 
save  the  life  of  that  individual,  and  for  no  othin-  motive  tlian  that  of  bis  being-  a  citi- 
zen of  North  America. 

According  to  our  institution  the  (jvace  of  life,  wliicb  is  accorded  to  one  condemned  to 
death,  does  not  prevent,  by  any  means,  his  being  consigned  to  perpetual  imprisonment ; 
but  the  ]»resident  directs  that  his  passports  may  be  given  him  as  soon  as  circumstances 
■will  pernut,  so  that  ho  may  enjoy  full  liberty  in  any  place  -wherein  his  acts  -will  be  in- 
offensive to  us. 

The  repeated  and  urgent  solicitations  -which  you  have  made  in  favor  of  the  said 
Hatch,  united  -with  the  desire  -which  my  government  has  to  please  that  of  Washington, 
would  have  jiersuaded  us  to  concede  his  passports  at  once,  had  it  not  been  for  the  irre- 
concilable enmity  with  which  he  attacks  the  government  in  all  of  its  acts  through  the 
newspapers  and  their  agents,  inventing  calumnies  to  divert  the  public  mind  against 
annexation  to  the  United  States,  whicli  desire  has  been  manifested  so  loudly  and  pub- 
licly by  the  jjeople. 

I  desire  that  you  will  be  good  enough  to  assure  his  excellency,  the  Secretary  of  State, 
in  Washington,  that  the  prolonged  sojourn  of  i\Ir.  Hatch  here  has  been  only  to  prevent 
his  hostile  action  in  New  York,  assuring  him,  at  the  same  time,  that  if  this  reason  will 
not  satisfy  him,  and  that  should  he  insist  on  his  (Hatch)  being  permitted  to  go,  the 
government,  which  has  had  no  other  aim  than  that  of  preventing  falsehood  and  the 
misleading  of  iiublic  opinion  in  the  United  States,  will  be  very  glad  to  satisfy  his 
wishes. 

I  avail  myself  of  this  occasion  to  reiterate  to  you  the  sentiments  of  my  most  distin- 
guished consideration. 

M.  M.  GAUTIER. 
Mwlsta-  of  Foreign  Affairs. 

Mr.  Hatch  had  been  condemned  to  death.  He  is  said  to  have  been 
pardoned.  If  pardoned  absohitely  and  nneonditionally,  he  onght  to 
have  been  set  at  liberty  at  once  and  absolntely,  and  his  fnrther  deten- 
tion would  have  been  a  personal  wrong  to  him.  If  conditionally,  he 
was  not  entitled  to  his  liberty  until  the  condition  was  fulfilled.  If  the 
pardon  contained  a  direction  that  he  should  leave  the  country  when  his 
liassports  should  be  delivered  to  him,  then  he  was  restrained  until  that 
event  should  happen,  and  Avas  not  entitled  to  his  liberty  until  that  time. 
The  statement  of  Mr.  Smith  imports  that  IMr  Hatch  "was  to  receive  his 
passports  and  leave  the  country."  (See  pp.  153-154.)  This  would  seem 
to  imply  a  present  duty  to  issue  the  passports  so  that  he  might  leave 
the  country.  But  this  is  not  consistent  with  Minister  Gautier's  state- 
ment of  the  rights  of  a  condemned  person  in  San  Domingo.  He  says 
explicitly  that  the  '■'•grace  of  life''''  to  a  person  condemned  to  death,  that 
is,  the  sparing  his  life  instead  of  taking  it  away,  "does  not  by  any 
means  prevent  his  being  consigned  to  perpetual  imprisonment  f  that  is, 
as  we  suppose,  in  English  phrase,  the  sentence  of  death  may  be  coin- 
muted  to  imprisonment.  But,  he  says,  "the  President  directs  that  his 
passports  may  be  given  him  as  soon  as  circumstances  will  permit,  so 
that  he  may  enjoy  full  liberty  in  any  place  where  his  acts  will  be  inof- 
fensive to  us."  If  Minister  Gautier's  statement  of  the  law  of  the  re- 
public be  correct,  then  ]Mr.  Hatch  had  no  right  to  his  passports  until  the^ 
government  saw  tit  to  grant  them,  and  had  therefore  no  just  ground  of 
complaint  if  they  were  not  immediately  granted.  We  see  no  reason  to 
dispute  the  correctness  of  Mr.  Gautier's  exposition  of  the  l>ominican 
lavv^,  nor  his  competency  to  declare  it.  It  seems  further,  from  this  dis- 
patch to  Mr.  Perry,  that  the  Dominican  government  had  omitted  to 
yield  to  the  solicitations  of  our  own  agents  in  San  Domingo  for  the  lib- 


XII  DAVIS    HATCH. 

eration  of  Hatch  on  account  of  the  violent  hostility  evinced  by  that 
person  toward  the  Dominican  government  through  newspaper  articles 
published  in  the  United  States  containiug  calumnious  reports  intended 
to  prevent  annexation  to  the  United  States.  The  evidence  in  the  case 
shows  that  Mr.  Hatch  was  a  correspondent  of  newspapers  printed  in 
^s'ew  Tork  City;  that  his  articles  were  of  a  vituperative  character  against 
Baez,  and  calculated  to  irritate  him.  ^Iv.  Smith's  testimony  seems  con- 
clusive upon  this  point.  He  was  undoubtedly  an  enemy  of  Baez,  and 
had  in  his  correspondence  expressed  his  dislike  and  distrust.  This  can- 
not be  denied;  the  vhole  case  shows  it.     (Pp.  151,  125,  12G,  127.) 

We  have  shown  enough  already  to  establish  Mr.  Hatch's  bitter  hos- 
tilitj'  to  the  government  of  Baez.  He  entertained  an  old  grudge  against 
him  and  his  party,  and  to  gratify  it  he  seemed  to  be  willing  to  resort  to 
almost  any  means  to  prevent  the  success  of  the  plan  of  annexation. 
Living  a»  vre  do,  in  a  country  where  the  freedom  of  the  press  is  a  funda- 
mental principle  of  the  goverimient,  it  perhaps  seems  to  us  a  novelty, 
and  bears  somewhat  the  complexion  of  a  wrong  to  detain  a  man  in 
confinement  for  fear  of  the  influeuce  of  his  tongue  or  pen  ;  but  this  great 
salutary  principle  has  not  been  in  use  in  any  but  governments  of  Eng- 
lish origin.  Other  nations  have  ever  restrained  the  freedom  of  the 
press,  especially  where  it  has  api^eared  to  conflict  with  the  interests  or 
policy  of  the  government.  Mr.  Hatch,  we  say  again,  had  voluntarily 
fixed  his  abode  in  the  republic,  and  subjected  himself  to  its  laws.  He 
could  not,  therefore,  complain  of  wrong  done  him  if  he  found  himself 
detained  according  to  those  laws  for  intermeddling  to  prevent  the  con- 
summation of  a  great  national  measure,  which  not  only  that  republic, 
but  the  United  States,  his  own  government,  was  seeking  to  bring  about. 
We  cannot,  of  course,  approve  the  principle  of  restraining  him  of  his 
liberty  on  account  of  his  publications  or  intended  publications;  but  we 
are  com])elled  to  admit,  that  if  sucli  a  power  of  detention  is  warrant- 
able in  any  case  it  was  justly  applied  to  Mr.  Hatch.  His  pen  was  used 
and  intended  to  be  used  to  defame  the  character  of  the  government 
where  he  resided,  its  officers  and  agents,  and  to  thwart  and  defeat  a 
measure  of  the  government  of  the  United  States,  to  which  he  owed 
allegiance ;  and  we  do  not,  therefore,  think  the  government  of  the  re- 
public clmrgeable  witli  wrong-doing,  in  our  sense  of  the  term,  in  pre- 
venting him  from  gratifying  his  private  pique,  and  operating  against  a 
great  measure  favored  by  the  ]^xecutive  of  the  United  States. 

We  cannot  look  ui»on  it  as  very  creditable  in  an  Anu>rican  citizen  in 
a  foreign  land  to  undertake  to  obstruct  the  action  of  liis  own,  or  of  the 
goveinmcnt  wlicr*'  lie  resides,  r>nt,  if  ]\Ir.  J'erry  is  to  be  believed,  Mr. 
Hatch's  opi)osition  sprang  from  the  low  ]n(>tive  of  revenge  toward  Tres- 
ident  Baez  and  Messrs.  Fabens  and  Cazneau.    He  swears  as  follows : 

(}.  "i'oii  say  that  you  iindrrstood  tli;it  lif  Avas  ()])])r)S('(l  to  Hacz  ? — A.  Vcs ;  but  Im  is 
ojiposcd  1<»  IJacz  only  siiirc  I'acz  lias  iiiipi  isoiicd  liini  ami  iicrscciitrd  liiiii  tlu^  way  lie 
lias.  Ill- is  now  I)itt<  rly  opjiDscd  to  liiiii.  Jhi  told  inc  in  San  Doiiiinj^o  tJity,  after  he. 
was  ndcascd,  that  lio  was  not  ojiitoscd  to  annexation,  and  was  stronf;ly  in  lavor  of  it, 
inasmuch  as  his  interests  lay  entin-ly  in  that  way;  hut  he  had  been  so  jjerseeuted  hy 
tliCHC  j)artieH  that  it  had  made  him  hitter  a/^ainst   them,  ^ind  for   rivoiijr  lir  iroiild   lake 

IhCHC.  HlrpH. 

I'.y  the  CiiAU^MAN  : 
<,>.   What  parties? — A.   Uaez  and  his  |iarty,aiid  Ca/neaii  and  I 'aliens,  ami  t  heir  friends. 

IJy  Mr.  Wii.i.tAMs: 

(/.  ^'ou  umh-rstood,  flien.  that  I'aliens  ;ind  Cazneau  and  I'.aez  were  on  one  side,  and 
Tl.ateh  on  the  other;   that  tiny  had  (piarreled  ?— A.  Yes. 

C^.  'i'liey  icpresented  to  yon  that  he  was  oppo.sed  to  annexation,  and  would  iuterfere 
to  ])revent  .innexation  ? — A.  ^'es,  sir. 


DAVIS    HATCH.  XIII 

(,J.  And  tlierul'ori!  tlioy  tlionglit  it  not  advisablo  to  ]iiivc  him  relcusfd  .' — A.  Vcs,  sir. 

Q.  Ho  represented  to  you  that  ho  wiis  in  favor  of  annexation,  bnt  said  he  would  op- 
poKc  them  for  reveiujv^ — A.  Yes  ;  on  aeeonnl  of  the  manner  in  which  he  had  heen  treated.  (P. 
22.) 

We  need  not  coinineiit  upon  the  little  <'ie(lit  a  iiiau  is  entitled  to 
whose  actious  and  de(;lai'ations  are  i)ronipted  by  mere  leveTi^e.  And 
yet  Mr.  Hatch  is  so  characterized  by  Mr.  Perry,  who  has,  since  his  re- 
turn home  especially,  espoused  his  cause,  and  (piotes  him  as  authority 
for  his  own  assaults  upon  the  treaty,  upon  Fabens  and  Cazneau.  lie  in- 
timates in  his  memorial  tliat  he  was  detained  in  confinement  by  the  in- 
terference of  Mr.'Perry,  our  commercial  a,2,ent,  against  him,  and  says  he 
wrote  Mr.  Perry,  after  his  arrival  in  San  Domingo,  four  letters,  recjuest- 
ing  him  to  renew  the  demand  that  had  been  made  by  jMr.  Smith  for  his 
liberation,  but  that  he  received  from  ]Mr.  Perry  no  letter  nor  any  mes- 
sage in  reply,  and  did  not  know  that  the  latter  had  done  anything  to 
obtain  his  release  until  the  day  before  he  was  released.  On  the  ol  her  hand, 
Mr.  Perry,  in  his  testimony,  (pp.  20  and  21,)  swears  positively  that  he  did 
not  interfere,  directly  or  indirectly,  to  ha\'e  Hatch  detained  longer,  but 
that,  although  he  did  not  reply  to  Hatch's  letters,  he  sent  him  two  or 
three  messages  that  he  would  do  all  in  his  power  to  obtain  his  release, 
which  messag-es,  he  says,  Hatch  afterward  admitted  were  received. 
Hatch  is  thus  flatly  contradicted  by  Perry,  but  Ave  have  no  reason  what- 
ever to  suppose  tha-t  Hatch's  charge  against  Perry  is  founded  in  truth. 

ME.   perry's  accusations  AGAINST   GENERAL  BABCOCK  AND  MESSRS. 
FABENS  AND   CAZNEAU. 

But  the  case  now  assumes  another  aspect.  Prom  some  motive,  which 
may  be  easily  imagined,  but  which  is  not  distinctly  disclosed  by  Mr. 
Perry,  he  seeks  to  tix  upon  General  Babcock,  who  went  to  San  Domingo 
under  instructions  to  negotiate  the  treaty,  upon  Mr.  Fabens  and  Mr. 
Cazneau,  American  citizens,  residing  in  their  private  capacity  at  San 
Domingo,  the  fault  of  interfering  and  advising  Mr.  Perry  to  abstain 
from  all  efforts  to  procure  the  release  of  Mr.  Hatch;  and  this  alleged 
interference  by  those  three  gentlemen  is  now  the  subject  of  serious  com- 
plaint in  the  Senate,  in  reference  not  onlj^  to  Mr.  Hatch's  alleged  griev- 
ances, but  in  reference  to  the  means  and  instruments  by  which  the  pend- 
ing treaty  was  procured.  The  substance  of  the  complaint  appears  to  be 
this :  That  Hatch  was  kept  in  confinement  by  the  i)rocurement  of  Bab- 
cock, Fabens,  and  Cazneau,  for  fear  he  might  come  home  and  publish 
such  information  as  might  defeat  the  treaty.  And  it  is  to  this  charge 
that  we  now  give  our  attention. 

While  the  resolution  under  which  this  committee  is  acting  Avas  pend- 
ing before  the  Senate,  and  on  the  7th  of  June,  JMr.  Perry  writes  a  long 
dispatch  to  the  Secretary  of  State,  in  which  he  says: 

I  sailed  on  the  steamer  Tyheo  on  the  od  day  of  November,  1889,  for  Sau  Domingo, 
and  met  on  the  voyage  Mr.  Fabens,  who  was  full  of  his  accounts  of  the  rascality  of 
a  Mr.  Hatch,  and  expressed  a  wisli  I  should  not  release  him  on  my  arrival  at  San 
Domingo,  as  he  was  an  enemy  to  Baez  and  annexation,  and  also  to  himself  and  Caz- 
neau; and  that  he  (Fabens)  and  his  friend  Cazneau,  as  he  rc))rescuted,  a  man  of  great 
wealth  and  iulluence  in  Sau  Domingo  and  at  Washington,  would  indorse  me  ;  that  I 
had  a  great  opportunity  for  making  a  rapid  fortune,  &c.  On  my  arrival  at  Sau  Do- 
mingo I  called  upon  President  Baez  and  Cazneau,  and  others  ;  all  appeared  glad  to  see 
me.  I  relieved  Mr.  Smith  on  the  16th  day  of  November,  1869,  who  gave  me  a  brief  his- 
tory of  aifairs :  first,  that  Cazneau  was  running  the  whole  thing,  that  is,  the  Dominican 
government,  and  represented  a  large  portioTi  of  the  public  lands  of  the  island  for  par- 
ties in  New  York  City;  that  he  was  a  very  bitter  confederate  during  the  war;  was 
from  Texas;  and  now,  apparently,  a  strong  Grant  man;  and  that  he  represented  that 
he  was  a  special  agent  of  the  United  States,  and  iu  direct  correspondence  with  Presi- 


XIV  DAVIS    HATCH. 

dent  Grant.  This  Mr.  Cazueau  told  me  himself,  and  that  I  was  very  fortunate  to  be 
sent  to  San  Domingo  at  this  time ;  he  could  insiue  me  a  fine  plantation,  and  opportuni- 
ties to  handle  mouey  for  men  in  New  York  City  whom  he  knew,  and  would  iutroduce 
me  to  them. 

In  liis  testimony  before  the  committee  be  says  that  Cazuean  and  Fabeus 
were  opposed  to'  the  release  of  Hatch,  (page  22.)  The  followiug  is  au 
extract  of  his  statement: 

Q.  You  say  that  certain  persons  influenced  you  not  to  intercede  for  the  release  of  Mr. 
Hatch  because  he  would  oppose  annexation.  On  what  ground  did  they  say  he  would 
oppose  aniu'xation  '. — A.  Because  he  was  opposed  to  Baez  and  these  men,  Cazueau  and 
Fabens,  and  their  friends,  who  were  working  for  annexation. 

Q.  Did  you  understand  from  these  representations  that  he  sympathized  with  Cabral. 
or  was  with  Cabral  as  against  Baez  ?  Was  that  the  allegation  which  v/as  made  against 
him  ?— A.  No,  sir ;  I  never  understood  that  he  sided  more  with  Cabral  than  he  did  with 
Baez.  There  has  been  almost  constant  war  in  the  island.  Sometimes  one  party  is  in 
power  and  sometimes  another.  t 

Q.  You  say  you  understood  that  he  was  opposed  to  Baez  ? — A.  Yes ;  but  he  is  op- 
posed to  Baez  oidy  since  Baez  has  imprisoned  him  and  persecuted  him  the  way  he  has. 
He  is  now  bitterly  opposed  to  him.  Ho  told  me  in  San  Domingo  City,  after  he  was 
released,  that  he  was  not  opposed  to  annexation,  and  was  strongly  in  favor  of  it,  inas- 
much as  his  interests  lay  entirely  in  that  way  :  but  he  had  been  so  persecuted  l^y  these 
parties  that  it  had  made  him  bitter  against  tliem,  and  for  rcA-enge  v.-ould  take  these 
steps. 

Q.  What  parties  ?— A.  Baez  and  his  party,  and  Cazueau  and  Fabens,  and  their 
friends. 

Q.  You  understood,  then,  that  Fabens  and  Ca/.neau  and  Baez  were  on  one  side,  and 
Hatch  on  the  other  ;  that  they  had  quarreled  ?— A.  Yes. 

Q.  They  represented  to  you  that  he  was  o])i)osed  to  annexation,  and  would  interfere 
to  prevent  annexation  .' — A.  Yes,  sir. 

Q.  And  therefore  they  thought  it  not  advisable  to  liave  him  released  ? — A.  Yes,  sir. 

Q.  He  represented  to  you  that  he  was  in  favor  of  annexation,  but  said  he  would  o]>- 
pose  them  for  revenge  '/ — A.  Yes,  on  account  of  the  manner  in  Avhich  he  had  been 
treated. 

Q.  Wh(3U  you  applied  for  Jlr.  Hatch's  release,  wliat  reason  did  Baez  and  his  friends 
assign  for  not  releasing  him  ? — A.  Tlie  confinement  of  Hatch  was  entirely  tlirongh  the 
influence  of  Cazueau. 

In  bis  dispatch  of  the  7tb  of  Jnne,  he  again  says : 

I  told  Babcock  oni^  day  in  my  office,  in  San  Domingo,  that  I  tliought  there  was  foul 
play  somewhere,  and  told  him  I  did  not  like  the  action  or  propositions  of  Caznean, 
Fabens,  Baez,  and  others,  and  tliat  I  thouglit  I  was  the  wrong  man  in  San  Domingo  at 
that  time,  and  also  asked  if  Ik;,  Babcock.  liad  known  these  men  long,  and  wliy  it  wa« 
they  did  not  want  Hatch  released  f  Bal)Cock  told  me  I  nnist  not  attempt  to  release 
liiiii;  tliat  lie  would  work  against  tlui  treaty,  and  tliat  he  was  au  enemy  to  Cazueau, 
Fabens,  and  Biiez.  J  will  state  here  that  1  do  not  blame  him  for  beiiii;  so,  as  he  had 
been  most  foully  denlt  with  by  these  men,  and  I  was  of  his  opinion  before  I  ever  saw 
him, (Hatch.)  I  foinied  my  opinion  from  facts  in  his  case  and  other-cases  in  San  Do- 
mingo,    liotli  Ills  IViends  and  enemies  coiidemn  the  way  he  has  been  treated. 

Here  is  a  distinct  cliargc  against  3Ir.  Fabens  and  General  Dabcock  of 
liaving  advised  ]\h'.  I'crry,  the  Ibrnier  on  board  the  steamer  "  Tybec," 
Avhil(;  on  lier  trip  to  San  J)on)i]igo,  and  the  latter  whih'at  thecityof  San 
J^omiugo,  nnder  instructions  iVom  tbe  rresident  of  the  United  States, 
charged  ^vith  the  negotiation  of  tlu;  treaty  of  annexation,  not  to  ]>rocurc 
the  release  of  Hatch.  Is  this  charge  true  ?  If  true,  we  do  not  see  how 
sue!)  advice  can  in  any  way  militate  against  the  treaty  itself,  unless  it 
sliall  be  ])r()ved  tliat  ]\Ir.  llatch  had,  in  fact,  in  his  possession  reliable 
facts  going  t('>  .show  that  one  or  the.  other  ])arty  had  been  grossly  over- 
reached and  dcfrauchMl  in  the  concoction  of  tbe  treaty,  or  that  our  own 
ncgotialoi-,  -Mr.  Pciiy,  himself,  (lor  he  was  <'harg<'d  by  our  government 
with  the  duty  of  signing  the  treaty.)  was  imi»()S(>d  upon  by  grossly  false 
re]»resentations  as  to  th(>  sul)ieet-matt<'r  of  the  treaty,  or  acted  in  igno- 
rance <»f  material  fact.s,  and  greatly  to  the  ])rejudice  of  his  goveiiunent. 

Mr.  J  latch  was  .set  at  liberty  oii  the  17th  of  Maicli  last.  Jlislihera- 
ation  was  i)rocured.  not  by  .Mr.  I'erry,  althougii   (he  latter  liad  b<>en  in- 


DAVIS    HATCH.  XV 

Htriictecl  on  thu  Ji'lli  ol'  .January,  1S70,  to  useliis  good  ollice.s  to  })iociii-e 
liis  release,  lie  luul  failed  to  procure  his  release,  which  failure  had  ne- 
cessitated the  pereniptoiy  demaiul  to  that  effect,  dated  March  If,  1S70, 
(printed  testimony,  page  lOf,)  Avhich  could  lujt  possibly  have  reached 
San  Domingo  before  the  20th,  at  least  three  days  after  the  release. 
This  release  seems  to  have  been  procured  by  Admiral  Poor,  as  stated  in 
his  letter  to  the  Secretary  of  the  iSTavy,  of  ^farcli  12.  in  vvhicli  tlie  a<l- 
miral  says : 

Dnrins  this  iutiTview  the  .sul)J<'ct  of  the  iiupiisoniiUMit  of  JSIr.  Jlatch,  an  Auioriciiu 
(•itizcn,  v/iis  iiitiodmu'<l.  The  oxithviiation  fortlu!  coiitimied  incarceration  of  Mr.  Hatcli 
■was  liis  cniinectioii  witli  parties  and  ))res:ies  in  Uia  United  States  liostile  to  San  Do- 
mingo, and  that  hi;  would  exert  an  inthienco  tliert!  ni)on  pnl)li(;  o))inion  that  wonld  he, 
very  detrimental  to  the  interests  of  San  Domingo  Avitli  regard  to  annexation.  1  tohl 
him  I  tiionght  liis  clemency  and  ])ro]npt  acquiescence  to  the  refjnest  of  the  Secretary 
of  State  for  tlie  release  of  the  saiil  Iliitch  wouhl  exercise  a  gV(>ater  iutlnence  to  his  ad- 
vantage than  anything  that  Hatch  or  his  friends  conkl  do  with  the  aid  of  the  ]iress  to 
the  contrary.  The  President  consented  to  order  Mv.  Hatch's  release  and  to  deliver  him 
into  my  custody.  I  will  send  him  north  hy  the  first  oj)portanity  wliich  oifers,  after  lie 
is  placed  in  my  hands. 

Very  respectfully,  your  obedient  servant. 

On  the  20th  of  March  the  admiral  sends  anotlicr  dispatch,  in  which 
he  says:  (page  129.) 

The  Mr.  Hatch  referreil  to  in  my  communication  (No.  :;i)  of  the  l-2th  instant  was  de- 
livered into  my  custody  by  orders  of  President  Baez. just  in  time  to  be  furnished  with  a 
passage  in  the  Yantic  to  Havana,  and  from  thence  he  will  be  sent  to  New  York. 
Very  respectfully,  your  obedient  servant. 

It  is  apparent  from  this  that  when  the  government  of  Baez  had  been 
appealed  to  by  an  agent  whom  it  respected,  it  at  once  complied  witli  our 
request.  Indeed,  so  little  does  Mr.  Perry  seem  to  have  had  to  do  with 
this  release,  that  Atlmiral  Poor  does  not  even  name  him  in  his  dis- 
patches on  the  subject. 

If  General  Babcock  had  in  any  v.ay  interfered  to  prevent  Hatch's  release, 
it  is  a  little  reumrkable  that  we  find  no  evidence  of  this  in  the  ofticial 
correspondence  of  Admiral  Poor  or  the  Dominican  government.  Had 
such  been  the  case,  it  must  he  presumed  that  the  Dominican  government 
would  have  set  up  that  excuse  and  would  have  informed  our  government 
of  the  fact;  and  yet  we  tin  d  no  such  intimation  against  General  Bab- 
cock, except  in  Mr.  Hatch's  letter  to  him,  (Babcock,)  dated  at  Azua, 
March  15,  1870,  two  days  before  his  release.  (See  pages  122-12G,  &c.) 
But  this  letter  is  so  manifestly  written  under  the  influence  of  wild  sur- 
mises and  in  such  a  rancorous  spirit  that  we  do  not  think  it  entitled  to 
any  weight  as  evidence.  He  bases  his  accusation  upon  a  letter  he  had 
received  from  a  '^  friend  in  San  Domingo,"  (without  giving  his  name,)  in 
which  letter  the  writer  says  he  has  it  "from  undoulited  authority  that 
General  Babcock  took  on  with  him  the  so-called  proof  of  his  (Hatch's) 
complicity  in  the  revolution  against  the  government,  to  lay  them  before 
the  President  and  State  ])epartment  in  order  to  forestall  and  prejudice 
his  (Hatch's)  case,  and  to  prevent  any  interposition  by  our  government 
in  his  (Hatch's),  behalf,  and  this  before  his  (Hatch's)  trial."  Mr.  Hatch 
adds  that  "the  source  whence  this  report  came  was  relialile."  General 
Babcock  denies  all  this  on  his  oath,  andtheSecretary  of  State  says  that 
he  brought  back  with  him  no  such  proofs.  Mr.  Hatch  in  this  letter 
charges  General  Babcock  with  being  "  one  of  the  commissioners  avIio  in- 
vestigated and  approved  the  conduct  of  Baez  towards  him,"  (Hatch.) 
This  is  too  ridicidous  for  further  notice,  and  we  only  cite  it  to  show  how 
little  reliance  is  to  be  placed  upon  the  statements  of  Hatch. 

Since  his  release  Hatch  has  been  at  full  liberty  to  furnish  to  the 
President  and  Senate,  and  to  the  public  if  he  chose,  all  information  in 


XVI  DAVIS    HATCH. 

liis  possessiou  respectiu<;'  the  treaty ;  but  so  ±;n'  as  tlie  committee  are 
informed  lie  lias  entirely  omitted  to  do  so.  He  lias  in  the  meantime 
drawn  up  and  iiresented  his  memorial  and  i>etition,  complaining  of  the 
private  wrongs  done  him  and  forwarded  them  to  the  Senate.  He  has 
remained  at  St.  Thomas,  omitting  to  return  to  the  United  States.  And 
now  are  we  to  believe,  after  three  months  silence  on  his  part,  that  he 
had  in  his  possession  facts  of  such  transcendant  importance  as  to  re- 
quire the  rejection  of  the  treaty  for  fraud,  concealment,  or  circumven- 
tion ? 

If  the  charge  we  are  speaking  of  be  untrue,  then  the  accuser  occu- 
pies no  enviable  i)ositiou  before  the  i)ublic.  He  holds  the  attitude  of  a 
representative  of  the  government  charged  with  the  duty  of  protecting 
an  American  citizen  abroad  and  in  trouble,  gratuitously  charging  another 
agent  of  the  government  witii  enticing  him  to  neglect  that  duty.  The 
circumstances  of  the  case  do  not  favor  the  charge.  Why  should  Gen- 
eral Babcock  have  given  such  advice  f  What  motive  had  he  to  pre- 
vent the  release  of  Hatch  ?  We  cannot  see  any  reason  why  General 
Babcock  should  have  taken  it  upon  himself  to  act  counter  to  the 
instructions  which  Perry  had  received  from  the  department.  General 
Babcock  had  visited  San  Domingo  in  the  summer  of  18G0,  reaching  there 
about  the  25th  of  July.  Until  then,  he  knew  nothing  about  Mr.  Hatch 
or  his  affairs.  On  the  22d  of  zVugust,  according  to  his  sworn  statement 
before  the  committee,  he  had  an  interview  with  President  Baez,  when 
Mr.  Smith,  our  commercial  agent,  was  jiresent.  The  following  is  Gen- 
eral Babcock's  statement  of  what  transpired  on  that  occasion,  (printed 
testimony,  p.  37:) 

Q.  Dill  you  iuterforc  in  ;niy  Wiiy  in  that  ooiivcrsutiou  ! — A.  No,  sir;  I  simply  listoueil 
to  what  they  said.  After  Mr.  Smith  -went  out,  President  Baez  told  me  that  Mr.  llatcli 
had  been  arrested,  and  was  then  at  Azua,  on  his  way  to  San  Domingo  City,  to  be  tried, 
and  asked  mo  about  it,  and  I  said  :  "  Mr.  I'resident,  you  nmst  be  eertain  that  you  arc 
right  in  tlie  f(uestion  of  law,  if  yon  try  Mr.  Hateh  for  any  such  thing  ;  if  you  have  the 
proof  ])ositive  that  he  has  been  attempting  to  overthrow  your  government,  I  do  not 
su]>i>o.s('  our  government  v>  ill  in  any  Avay  interfere  in  the  case;  but  you  must  he 
very  certain  that  your  evidence  is  entirely  correct.''  That  is  all  tlie  opinion  or 
instruction  I  ever  gave  to  him  about  it.  Once  or  twice  during  the  coiiversatiou  he  re- 
ferred toilr.  Hat(;li,  and  to  the  part  that  ISlv.  Smith  in  the  interest  of  Mr.  Hatch,  had 
taken,  and  I  invariably  ansAvered  in  that  way,  that  if  he  had  any  charges  against  Mr. 
Hatch,  he  must  make  them  ovit  in  writing,  and  send  tliem  to  the  State  Department  in 
W.'isliington  ;  that  J  liad  no  authority  to  treat  on  any  sncli  case  wliatever.  •  President 
]>aez  and  liis  cabinet  told  me  that  Mr.  Smith,  the  commercial  agent  tliere,  was  not  a 
iViend  of  tliose  people,  not  a  friend  of  tlieir  republic:  tliat  he  was  in  tlie  interest  of 
('iibrjil,  and  tliey  believed — Ihougli  tliey  did  not  give  mo  any  ]>roof — tliat  he  was  in 
<;onumiiiicatioii,  and  that  liis  oflice  was  us<!d  as  a  means  of  communication  with  the 
(Jaliral  force  tliat  was  trying  to  be  raised  against  the  rejiublic. 

This  certainly  does  not  look  like  an  interference  on  his  jiart  to  ])revent 
the  release  of  Hatch.  (Juite  the  (Mtutraiy.  It  is  a  wise  and  i)rudent 
suggestion  t(»  IMesident  Baez  to  be  cautious  how  he  dealt  with  an  Amer- 
ican citiz<'ii. 

JJut  the  committee  distinctly  called  the  attention  of  General  Babcock 
to  IIm',  ])assage  in  IMr.  I'erry's  lettc^r  of  June  7,  containTng  this  cliarge, 
and  General  Jiabcock  distinctly  and  eini)]iatically  denied  it.  (See  testi- 
mony, )).  112.)  We  have  no  leason  wliatever  to  believe  that  (<eneral 
Habcociv  ever  at  any  time  gave  .Mr.  J'erry  such  advice. 

As  to  the  same  cliaige  bronglil  against  JMr.  I''al)ens  by  .Mr.  Perry,  IMr. 
Fabeiis,  wlio  is  at  present  llie  minister  ol'  tlie  Dominican  !;ei)nl)lic  ac- 
credited to  our  government,  waited  niion  the  committee  and  expressed 
liimself  willing  to  make  a,  full  statement  conceniing  this  mallei'.  His 
attention,  too,  was  distinctly  called  to  the  charg<'  contained  in  Mr. 
P<'rry's  letter  of  June  7,  in  which  he  is  accused  of  giving  Perry  the  same 
advice.     He  distinctly  denie<l  it.  (see  ]iriiited  testimony,  p.  ms,)  and  wo 


DAVIS    HATCH.  XVII 

are  compelled  again  to  declare  our  opinion  that  Mr.  Perry  is  totally  mis- 
taken in  the  accusation  he  brings.  Mr.  Fabens  is,  and  lias  been  for  sev- 
eral years  past,  an  intimate  personal  acquaintance  of  Mr.  Oazneau,  of 
San  Domingo,  and  resided  near  him  on  the  island,  has  conversed  with 
him  about  the  case  of  Hatch,  and  now  atiirms  before  the  committee  that 
he  never  heard  Mr.  Cazueau  intimate  that  ITatch  ought  to  be  detained 
a  prisoner  for  that  or  any  other  reason,  (see  printed  testimony,  p.  108.) 

It  has  not  been  proved  even  that  Mr.  Oazneau,  who  was  not  an  official 
of  our  government,  though  an  American  citizen,  and  one  of  the  persons 
on  whom  Mr.  Hatch  as  well  as  Mr.  Perry  seeks  to  throw  the  blame  of 
detaining  Hatch,  ever  made  any  attem})t  to  that  end.  .Mr.  Smith,  the 
ex-commercial  agent,  stated  before  the  committee  that  when  Hatch  was 
brought  to  San  Domingo  City  for  trial,  he  (Smith)  called  upon  ]Mr.  Del- 
monte,  the  minister  of  justice,  and  nmde  representations  in  favor  of  the 
prisoner,  entreating  him  not  send  him  to  Azua,  but  to  permit  him  to  re- 
main in  his  (Smith's)  house  5  the  minister  replied  that  the  process  must 
go  on ;  that  Hatch  must  be  sent  to  Azua  for  trial;  and  added,  "I  pledge 
you  my  word  and  honor,  in  the  most  confidential  manner,  that  not  a  hair 
of  his  head  shall  be  touched  ;  don't  speak  of  it ;  but  remember  you  have 
it  from  me  that  he  is  not  to  be  hurt.  But  he  will  have  to  go  through 
with  all  the  process."  j\lr.  Smith  adds,  "I  went  to  the  prison  and  said 
to  Hatch,  'You  must  makeup  your  mind  to  go  back  again  ;  don't  be 
frightened ;  you  won't  be  hurt ;  1  am  satisfied  of  that ;  I  know  all  about 
it.'"  (Printed  testimony,  ]).  153.)  After  this  emphatic  assurance  from 
our  commercial  agent,  Mr.  Hatch  must  have  felt  quite  secure  in  respect 
to  the  trial ;  and  it  is  not  strange  that  when  called  upon  by  the  officials 
at  Azua,  and  notified  to  prepare  for  it,  he  should  manifest  his  indiliereuce 
by  replying  that  he  "would  think  about  it." 

There  is  not  only  no  proof  of  Mr.  Cazneau's  interference  against  Hatch, 
but  direct  proof  that  be  had  been  of  the  same  opinion  as  Smith  on  the 
subject,  and  that  the  confinement  of  Hatch  was  bad  policy  at  the  time. 
In  a  letter  to  General  Babcock,  dated  San  Domingo,  September  22, 
1869,  he  says : 

Mr.  Hatch,  who  is  now  under  trial  at  Azua  for  the  part  he  had  in  the  Cobralcaco 
raids  on  the  border,  is  the  only  other  white  Aniericau  who  has  ever  been  on  ti  ial  before 
a  Dominiean  court  for  a  serious  offense,  and  the  worst  that  will  happen  to  Mr.  Hatch 
will  be  a  few  weeks'  detention.  He  will  be  pardoned,  though  some  who  have  followed 
his  lead  will  suffer  long  imprisonment,  if  not  death.  This  affair  is  producing  some 
serious  inconveniences  to  this  government. 

From  this  time  down  to  the  17th  of  March,  1870,  Mr.  Hatch  M'as  re- 
strained of  his  liberty  at  Azua.  The  treaty  was  negotiated  and  signed 
at  San  Domingo  City  the  last  days  of  November,  and  in  the  light  of 
attendant  events  and  the  known  facts  of  the  case,  it  seems  to  be  a  very 
far-fetched  presumption,  that  had  he  been  at  large  and  completely  unre- 
strained, he  could,  by  the  use  of  any  facts  within  his  knowledge,  have 
delayed  or  prejudiced  the  plan  of  annexation. 

To  all  this  should  be  added  the  fact  that  Mr.  Hatch  himself}  in  the 
papers  laid  before  the  committee,  repeatedly  declares  himself  favorable 
to  the  annexation  of  the  republic  to  the  United  States.  In  his  memo- 
rial presented  to  the  Senate  he  carefully  repels  the  suspicion  whicli  he 
thinks  was  entertained  against  him  by  President  Baez  of  being  opi)osed 
to  annexation.  It  is  noticeable  that  this  memorial  is  dated  at  the  island 
of  St.  Thomas,  May  13,  1870,  nearly  six  months  after  the  signing  of  the 
treaty,  and  when  it  is  probable  he  had  become  acquainted  with  its  con- 
tents, to  some  extent  at  least.     And  yet  he  says : 

The  undersigned  having  been  an  earnest  advocate  of  annexation,  and  had  reniaiued 
in  the  country  partly  to  encourage  it  among  the  people,  as  many  of  his  letters  extant 

S.  Rep.  234 2* 


XVIII  DAVIS    HATCH. 

will  bi-ar  \vitnes6,  and  which  was  too  well  kuown  iu  tiie  coaimunity  not  to  have 
reached  the  cars  of  President  Baez,  it  is  evident  there  were  other  motives;  and  thoso 
will  appear  in  the  documents  and  papers  which  will  be  presented  herewith. 

What  "  other  motives''  he  alludes  to,  have  not  yet  appeared.  On  the 
other  hand,  the  real  motives  for  his  detention  v.ere  clearly  and  oiiicially 
annonnced  in  the  dispatch  of  Mr.  Gautier.  of  the  10th  of  February  last, 
already  cited,  so  that  this  preteuse  of  "other  motives"  seems  to  fall  to 
the  ground. 

]S^ow,  let  us  go  back  a  step  and  learn  ^vllat  ^vas  the  condition  of  this 
Hatch  affair  in  November,  18G0,  when  Mr.  Perry  and  Mr.  Fabens  took 
passage  for  San  Domingo  on  the  Tybee.  The  honorable  Secretary  of 
State  appeared  before  the  committee  and  stated  as  follows : 

The  first  intimation  I  had  of  any  trouble  iu  which  ilr.  Hatch  was  involved  was  iu  a 
dispatch  received  some  time  last  September,  I  think,  from  IMi-.  Smith,  who  was  then 
the  commercial  agent  of  the  United  States  at  Sau  Domingo.  His  dispatch  has  been 
communicated  to  the  Senate,  and  printed.  He  referred  to  it  as  the  case  of  an  American 
citizen  who  had  been  imprisoned,  and  whose  case,  I  think  he  had  conmiunicated  to 
President  Baez  ;  that  he  had  been  some  length  of  time  v.ithoutany  information  from  Mr. 
Hatch ;  and  there  were  some  parts  of  the  letter  which,  in  connnunicating  it  lirst  to  the 
Senate  I  did  not  think  it  worth  while  to  transmit,  because  I  did  not  think  they  bore  upon 
the  case.  I  think  there  were  two  dispatches  which  came  about  the  same  time.  The 
correspondence  followiug,  the  Senate  has  received  and  has  had  printed.  I  do  not  know 
that  I  can  add  anything  to  it.  There  v.'as  nothing  up  to  that  time  that  I  have  not 
communicated.  By  referring  to  the  printed  document,  (Senate  Executive  Document 
No.  54,  forty-tii'st  Congress,  second  session,)  I  can  tell  you  the  dates. 

Mr.  Smith's  lirst  dispatch  is  dated  4th  September,  1869,  at  Sau  Domingo  City.  His 
next  dispatch  is  dated  September  9,  1861).  I  think  both  those  dispatches  wero  re- 
ceived here  at  the  same  time  ;  in  the  latter  of  which  he  says : 

•'  I  cannot  communicate  anything  further  until  I  see  Mr.  Hatch,  and  am  acquainted 
with  the  accusations  on  which  he  has  been  arrested." 

The  next  dispatch  from  Mr.  Smith  was  dated  at  San  Domingo  City,  October  8,  1869. 
In  this  dispatch  Mr.  Smith  stated  that  Mr.  Hatch  had  been  brought  to  trial  by  a  court- 
martial,  and  condemned  to  Ije  shot ;  that  ''  the  sentence  was  immediately  forwarded 
by  express  to  tfie  President,  who  referred  it  to  the  'senatus  eonsultum,"  and  that  body 
decided  to  pardon  Mr.  Hatch  ;  and  an  order  from  the  government  to  that  eiiect  was 
.sent  to  Azua,  and  I  understand  he  is  at  liberty  and  will  receive  his  passport." 

We  supposed  that  that  terminated  the  ease  of  Mr.  Hatch,  and  that  he  was  then  at 
liberty.  Ou  the  receipt  of  that  dispatch,  by  the  next  steamer,  on  the  loth  of  Novem- 
ber, a  tlisi)ateh  was  sent  to  Mr.  Smith,  signed  by  Mr.  Davis,  the  Assistant  Secretary  of 
■State,  stating  that  "  the  departuu-nt  hoi)es  that  the  rejtreseutatious  which  have  been 
made  to  the  Dominican  government  respecting  Mr.  Davis  Hatch  have  been  successful.*' 
It  was  supposed  that  that  ended  the  case. 

Mr.  Smith's  dispatch  of  the  8th  of  October,  announcing  that  Hatch 
had  been  released,  was  received  by  the  Secretary  of  State  at  Washing- 
ton before  Mr.  Perry  and  Mr.  Fabens  sailed  from  New  York  City  for 
San  Domingo,  and  tlic  de[)artment  sui)iiosed  tlu'  affair  was  ended.  But 
Mr.  Perry  swears  (p.  Ul)  that  while  ite  and  i\fr.  Fal>ens  were  on  the 
Tybee,  on  the  way  to  San  Domingo,  tlie  latter  told  him  tlnit  he  hoped 
he,  Mr.  Perry,  "woidd  not  intercede  in  that  man's  behalt;  that  he  would 
be  II  barrier  to  annexjition,  and  also  a  great  eiu'niy  to  him  and  Mr. 
Cazneau.  h'rom  this  it  v.oiUd  a])pear  that  Mr.  Perry  was  notitied  by 
Fabcny  of  the  non-reU-ase  of  Hatch  while  on  the  voyage;  yet,  on  the 
16th  of  November,  the  moment  he  had  arrived  at  San  Domingro,  he 
writes  to  the  Secretary  of  State  as  follows: 

Mr.  Hutch,  th(5  AmeiicuTi  citizen  who  has  been  iin)(risoned  i\t  A/ua,  I  understand, 
haw  been  pardoned  on  condition  that  he  leaves  the  country. 

This  i)ardon  was  granted  l>y  the  senate  on  the  4th  or  r»th  of  the  i>re 
ceding  October,  and  the  fact  notified  to  the  Secretary  of  State  by  Mr. 
Sinitli.  IMr.  I'eiry  now  would  liavc  us  l»clieve  that,  on  the  way  to  San 
Domingo,  l''abens,  ;i  jcvicU-nt  of  tlie  rei>nl»li(',  and  an  intelligent,  iniiu- 
ential  man,  liad  infornu'd  liim  that  llatcli  ^\as  not,  in  fact,  released. 
Perry,  in  liis  first  dis]»atch  lunne,  says  nothing  about  the  information  he 


DAVIS    HATCH.  XIX 

thus  He(|uii»'<l  (Voin  Faboiis.  li'  Fab(!iis  told  liiiu  so,  it  may  be  asked, 
with  some  (Mii])hasis,  why  Perry  did  not  so  inform  the  department  in 
Iii.s  lirst  disi)ateh  home.  Tlie  omission  would  seem  to  imply  that  Mr. 
Fabens  is  trutlilul  when  ho  declares  that  he  "  never  told  Perry  any  such 
tliin<>Y'  thon.yh  the  fact  was  that  Hatch  was  not  yet  set  at  liberty,  but 
detained  for  i-easons  of  state,  as  set  forth  in  Minister  Gautier's  dispatch 
of  tlie  10th  of  February.  It  may  be  added  that  Mr,  Fabens  then  had 
but  little  a(M|uaintance  with  Hatch,  and  felt  friendly  to  him.  This  ap- 
pears from  his  statement  before  the  committee,  (printed  testimony,  p. 
16S,)  and  is  nowhere  disju'ctved.     He  says : 

Q.  Did  yon  liavo  any  convorsation  with  Mr.  I'cny  about  fill.  Hatili  t^ — A.  I  do  not 
recollect  mentioning  tlio  name  of  ilr.  Hatch  on  that  voyage. 

Q.  Do  you  nu-ollcct  what  your  couvorsations  with  Mr.  Perry  wore  about  Hatch? — 
A.  I  (h)  not  distincUy — I  cannot  call  them  up. 

Q.  80  you  only  say  that,  although  you  do  not  recollect  what  your  conversations  were 
about  him,  this  statement  is  not  correct  ' — A.  Yes,  sir;  I  am  satisfied  that  this  statc- 
zn^nt  is  not  correct. 

By  Mr.  How'aud  : 

<<^.  Please  give  your  reasons  for  tliat  belief  in  your  own  inind,  if  you  have  any  ? — A.  My 
reasons  are,  as  I  have  stated,  that  I  had  no  grounds  for  believing  that  Mr.  Hatch  was 
detained  at  that  time,  and  I  had  no  such  feelings  toward  Mr.  Hatch;  I  did  not  suppoae 
that  ho  could  inHuencf  tlu>  ((tu'stiou  of  auuexation,  or  was  disposed  to  do  so,  unfavor- 
ablj. 

By  Mr.  ScuuRz: 

i^.  Do  you  say  that  you  had  no  knowledge  of  ^Ir.  Hatch  being  detained? — A.  At  that 
time  1  understood,  not  that  he  had  been  pardoned,  but  that  his  sentence  of  death  had 
been  commuted  to  banishment;  that  is  the  information  that  I  had  received. 

Q.  Had  you  any  knowledge  of  the  imprisonment  and  trial  of  Mr.  Hatch? — A.  I  heard 
of  it;  I  was  in  the  States  at  the  time;  I  was  in  New  York. 

<i.  Were  you  in  San  Domingo  in  July  and  August,  lt?69i? — A.  I  was,  in  July  and  a 
portion  of  August,'  I  think. 

Q.  Did  you  then  hear  anything  about  Mr.  Hatch  ? — A.  I  heard  that  ho  was  arrested. 

Q.  What  were  your  relations  with  Mr.  Hatch  at  the  tiuu^? — A.  My  relations  were 
friendly  enough ;  my  acquaiutatice  with  Mr.  Hatch  and  his  associate  was  a  friendly 
one  always. 

Mr.  Fabens  in  his  statement  before  the  Qoramittee  uses  the  following 
language,  denying  this  imputation  of  advising  Perry  not  to  procure  the 
release  of  Hatch  in  the  most  distinct  terms,  and  giving  his  reasons  for 
his  denial.     (See  printed  testimony,  y}.  1C8  :) 

Q.  I  find  tliis  statement  made  by  Mr.  I'erry  in  a  letter  to  the  Secretary  of  State  of 
the  United  States,  dated  June  7,  1870,  to  which  1  wish  to  call  your  attention:  "I 
sailed  on  the  steamer  Tybcis  on  the  '3d  day  of  November,  18Gl>,  for  San  Domingo, 
and  met  on  the  voyage  Mr.  Fabens,  who  was  full  of  his  accoimts  of  the  rascality  of  a 
Mr.  Hatch,  and  exi)ressed  a  wish  I  should  not  release  him  on  my  arrival  at  San  Do- 
mingo, as  he  was  an  enemy  to  Baez  and  annexation,  and  also  to  himself  and  Cazueau; 
and  that  he  (Fabens)  and  his  friend  Cazueau,  as  he  represented,  a  man  of  great  wealth 
and  influence  in  San  Domingo  and  at  Washington,  Avould  indorse  me;  that  I  had  a 
great  opportunity  of  making  a  rapid  fortune,"  »X:c.  State  to  the  committee  what  you 
may  think  proper  to  say  on  the  subject  01  that  allegation  in  Mr.  Perry's  letter. — A. 
There  is  no  truth  in  it  at  all.  1  cannot,  of  course,  recollect  all  the  conversations  that 
may  have  occurred  on  the  ship  going  down;  but  I  am  satisfied  that  there  Avas  no  con- 
versation of  that  nature,  nothing  of  that  character  in  regard  to  Hatch,  as  at  that  time 
I  was  convinced  that  Mr.  Hatcli  was  at  liberty.  Neither  did  I  ever  understand  that 
Mr.  Hatch  was  (>|iposed  to  annexation,  or  wonkl  under  any  circumstance  do  anything 
to  retard  it. 

Again  he  says,  (p.  174,)  in  reference  to  Mr.  Hatch's  coutinement: 

■•\'.  Did  you  at  any  time  or  in  any  way  exert  yourself  for  the  continued  confinement 
of  Mr.  Hatch'? — A.  No,  sir;  never:  1  should  have  been  glad  to  see  Mr.  Hatch  released 
at  any  time. 

"VYe  are  forced  to  say  we  think  ^Ir.  Periy^s  conduct  evinces  that  his 
charge  against  Mr.  Fabens,  of  giving  such  advice,  was  an  aftertbought, 
arising  i)robably  from  personal  dislike  of  that  gentleman,  and  a  willing- 
ness to  impair  his  influence.     Mr.  Fabens  was  a  friend  to  Mr.  Cazneau, 


XX  DAVIS    HATCH. 

with  whom  Mr.  Perry  had  a  misunderstanding  during  his  stay  in  San 
Domingo.  Mr.  Cazneau's  letter  to  him  of  the  Oth  of  May,  1870,  to  be 
found  in  the  testimony  taken  by  t^ie  committee,  (p.  91,)  is  evidence  of 
the  state  of  feeling  between  them.  That  the  charges  he  brings  against 
General  Babcoch,  as  to  the  detention  of  Mr.  Hatch,  was  also  an  after- 
thought, is  shown  by  the  fact  that  he  makes  no  mention  of  it  to  the  Sec- 
retary of  State,  either'  in  official  communication,  or  otherwise.  (See 
Secretary  of  State's  evidence,  p.  98 :) 

Q.  Have  you  any  evidence  or  knowledge  that  General  liabooek  did,  in  any  way, 
interfere  to  prevent  the  release  of  Mr  Hatch? — A.  I  have  no  knowledge  whatever,  and 
no  belief  that  he  did.  Nothing  has  come  to  me  excejft.  the  rumor,  as  I  hear  it  from  the 
debates  of  the  Senate,  that  he  so  interfered. 

Q.  Did  Mr.  Peri-y,  in  his  corresijondence  with  you,  ever  pretend  that  General  Bab- 
cock  had  thus  interfered  to  prevent  the  release  of  Mr.  Hatch? — A,  I  do  not  recollect 
any  complaint  of  that  kind  from  Mr.  Perry. 

And  up  to  the  letter  dated  June  7th,  and  submitted  June  11th,  after  the 
investigation  had  commenced,  Mr.  Perry  never  mentions,  in  any  official 
or  unofficial  paper  produced.  General  Babcock  in  connection  with  the 
detention  or  release  of  Mr.  Hatch.  And  the  committee  are  constrained 
to  avow  that  the  evidence  before  them  does  not  present  the  character 
of  Mr.  Perry  in  a  favorable  light.  He  seems  to  be  wanting  in  the 
<iuality  of  self-control,  and  to  be  subject  to  the  impulses  of  strong  pas- 
sions. While  at  San  Domingo  the  style  of  his  correspondence  with  the 
minister  of  foreign  affairs  was  so  abrupt  and  domineering  that  the  min- 
ister felt  obliged  to  rebuke  him.  We  refer  to  the  letters  of  Mr.  Gautier, 
of  the  8th  and  9th  of  March,  ]870.     (Printed  testimony,  pp.  So,  86.) 

In  his  letter  to  Mr.  Gautier  of  March  8  (p.  85)  he  says:  "My  gov- 
ernment desires  his  release  at  oncc.^''  This  was  not  warranted  by  his 
instructions.  He  had  been  told  merely  to  use  his  "  good  offices,"  while 
he  intimates  that  our  government  had  already  instructed  him  to  (Umand 
Hatch's  release. 

In  his  note  to  Mr.  Gautier  of  the  next  day  (the  9th)  he  makes  the 
l>eremptory  demand  in  tlie  following  insolent  note: 

CVkmmkkcial  AoKxrv  oi'  thk  IJNnKn  St.vti>, 

lian  Domingo.  March  9,  1870. 
Sir:  Referring  to  yonr  conversation  of  this  morning,  in  which  you  suggested  pot«t- 
poning  an  answer  to  my  comnmnication  of  the  8th,  in  demanding  tlie  inunediate  release 
of  Mr.  Hatcl),  I  would  now  beg  to  state  that  aii  inunediate  and  positive  answer  ia  im- 
Iterative,  in  view  of  tin;  momentarily  expected  arrival  of  liie  'iVbee.  I  sliall  look  for 
your  answer  this  p.  m. 

I  am.  sir.  very  respectfully,  vour  obedient  servant, 

RAYMOND  H.  PERRY, 

Pnitrd  SMch  (^omnurcial  .tgcni. 
il.  M.  Gaiih.i., 

Secretary  of  State,  San  Domhuiv, 

To  tliis  unauthorized  and  impertinent  note  Mr.  Gautier  r*')>li(»d  <»n  the 
Kiime  day  in  tin*  f»>Ih»wing  «ligni(i('(l  ;insw<'r: 

San  DuMiNtjo,  MarckH,  1870. 

l)K.Mt  Sn: :  J  have  read  with  ar.tonishtnint  the  ctuitcMils  of  your  connnnnication  of 
this  day,  wiiicli  serv<i  to  increase.  tl\i'.  ])ainful  a]t|in-hensiou  that  yonr  notci  liad  caused 
Mio,  aiul  for  whicli  answer  you  fi.\cd  a  time.  ]|,  is  not  granted  me  at  this  moment  to 
•  ■nt<T  into  iiiroiiveiiient  rontroversy,  on  acrount  of  tlie  im)iorlaiil  (|uestion  ]M'nding 
iietween  tlie  United  States  and  tlie  Dominican  Republic,  but.  I  will  say  that  my  gov- 
ernment, in  all  its  acts,  has  j)rovided  ;ind  ])rocceded  through  its  own  nieas  and  guided 
by  the  best  ])rin<^i|)]es  of  ef|uity  and  Justirc,  having  in  view  the  )ieace  of  tin;  society 
it  is  calhid  to  protect. 

This  answer  is  given  to  yon,  and  1  again  ret"er  you  to  my  communieatiini  of  lA'bru- 
ary  19.  I  did  then  refer  the  question  to  the  cabinet  at  VVa.shingtr)n,  in  (conformity 
with  the  in«tnictions  received  from  my  government,  about  the  .'wjlution  of  Mr.  Hatoh'is 


DAVIS    HATCH.  XX [ 

I 

business.  Before  ta.kin<ji  a  dift'eient  resolution  I  must  hubmit  your  note  of  the  Sth  to 
my  government,  which  Ihiive  not  been  able  to  do  as  yet,  on  account  of  the  importance  of 
our  local  business,  and  I  have  no  doubt  thsit'  I  will  In-  a1>le  to  give  you  an  auswer  to 
the  resolution  very  sooii.  ^ 

]  renew  the  sentiments.  &e..  &e.. 

M.  M.  (lAUTIER. 
JiAYMOND  H.  Pehkv,  Esq., 

United  Staitu  Commercial  Agent. 

Having  promised  to  be  lespousible  ior  a  fiue  imposed  upon  an 
American  seaman  by  the  judgment  of  a  Dominican  court,  and  being 
called  upon  in  court  by  the  claimant,  in  presence  ol"  the  judge,  to  re- 
deem his  engagement,  he  Struck  the  claimant  in  the  face  and  ordered 
bim  to  be  silent.  For  this  conduct  of  the  American  minister  Mr.  Gau- 
tier  requested  our  government  to  recall  him.  (See  the  letter  of  Mr. 
Gautier,  p.  119  of  printed  testimony.)  His  own  account  of  the  leading 
incidents  of  his  life  shows  him  to  be  bold  to  rashness  and  fond  oi 
scenes  of  violence.  (See  pi).  253-255  of  the  printed  testimony.)  His 
military  record  shows  that  he  was  tried  by  court-martial  while  in  the 
array,  on  charges  of  peculation,  found  guilty,  and  sentenced  to  be  dis- 
honorably dismissed  the  service.  (Printed  testimony,  p.  250.)  An 
honorable  member  of  the  House  of  llepresentatives,  who  has  known 
him  long  and  well,  gives  him  a  character  that  reflects  no  credit  upon 
him.  (Printed  testimony,  pp.  176, 177.)  And  lastly,  he  avers,  both  in 
his  letter  of  June  7  to  the  Secretarj'^  of  State  and  in  his  sworn  answers 
before  the  committee,  that  he  misinformed  his  government  in  his  official 
dispatches  touching  aftairs  in  San  Domingo,  as  to  which  he  was  bound 
in  honor  as  well  as  law  to  "tell  tlio  truth,  the  whole  truth,  and  nothing 
but  the  truth,"  for  the  information  of  his  government.  The  rebuke  ad- 
ministered to  him  by  the  Secretary  of  State,  in  his  answer  to  the  letter 
of  June  7,  we  think  well  merited.  (See  printed  testimony,  p.  264.)  It 
is  severe,  but  not  undeserved,  for  an  American  minister  who,  complaii>- 
ing  as  Mr.  Perry  does,  that  he  has  not  been  met  by  his  government  with 
that  "  spirit  of  frankness"  which  he  claims  to  have  shown  to  it,  admits 
in  the  same  breath  that  in  his  official  dispatches  he  has  furnished  false 
information  and  suppressed  the  true,  places  himself  in  an  attitude  to 
forfeit  all  confidence. 

We  cannot,  therefore,  allow  his  asseverations  any  weight  against  the 
probabilities  of  the  case  and  the  calm  and  emphatic  denials  of  General 
Eabcock  and  Mr.  Fabeus,  but  prefer  rather  to  think  that  he  has  allowed 
himself  to  be  misled  by  his  private  resentments  and  by  the  suspicions 
engendered  in  his  mind  by  them,  coupled  with  the  rumors  propagated 
by  ^Ir.  Hatch  and  his  friends  against  the  integrity  of  Messrs.  Fabens 
and  Cazneau. 

The  assertion  of  Mr.  Perry  made  in  his  letter  of  June  7,  (printed  tes- 
timony, pp.  102-107,)  and  in  his  sworn  statements  respecting  two 
treaties — one  for  the  "  Dominican  people  in  order  to  deceive  them,  and 
one  for  the  United  States  in  order  to  keep  them  quiet" — is  manifestly  an 
exaggeration.  General  Sackett,  in  his  testimony,  fully  explains  this. 
(Printed  testimony,  pp.  51,  52.) 

At  a  moment  when,  to  all  appearances,  the  treaty  was  likely  to  be  a 
failure,  Mr.  Oazneau,  while  walking  in  the  street,  in  company  with  Gen- 
erals Sackett  and  Babcock,  suggested  the  getting  up  of  a  secret  treaty. 
This  suggestion  was  at  once  repelled  by  those  gentlemen,  and  nothing- 
more  came  of  it.  Such  an  imposture  would  have  been  soon  exposed, 
and  would  have  been,  to  a  moral  certainty,  the  defeat  of  the  whole  plan 
in  the  United  States  Senate.  Baez  had  sagacity  enough  to  see  this, 
and  so  had  Cazneau,  Fabens,  and  all  other  persons  of  the  slightest  re 
flection.     Yet  Mr.  Perry  would  have  us  believe  that  Cazneau  proposed 


XXn  BAVIS   HATCH. 

it.  But  the  charge  is  disproved  by  the  direet  testimony  of  General 
Babcock,  General  Sackett,  and  General  Ingalls,  who  were  all  present  in 
San  J3omingo,  participating  in  the  whole  of  the  negotiation.  Not  one 
of  these  gentlemen  ever  heard  of  snch  a  proposal.  (See  printed  testi- 
mony, p.  110.) 

If  Mr.  Hatch  was,  as  he  declares  in  his  memorial  from  St.  Thomas, 
above  referred  to,  sincerely  in  favor  of  the  annexation  of  San  Domingo, 
the  outcry  he  has  made  must  have  been  aimed  not  at  the  treaty,  no 
clause  of  which  he  criticises,  but  at  the  mere  instruments — the  persom 
who  framed  the  treaty.  A  mere  private  person,  he  thus  assumes  to 
censure  the  action  of  both  governments  for  em])loying  persons  disagree- 
able to  him  in  the  conduct  of  their  jmblic  affairs ;  it  is  not  worth  while 
to  comment  upon  such  an  assumiition. 

The  committee  have  come  to  the  conclusion,  which  they  announce 
with  pleasure,  that,  although  it  has  been  openly  asserted  in  the  Senate  that 
General  Babcock  was  guilty  of  misconduct,  they  are  satisfied  that  the 
charge  is  totally  unfounded,  and  that  he  conducted  himself  throughout 
with  perfect  lionesty  and  sincerity.  They  look  in  vain  for  any  evidence 
worthy  of  a  moment's  consideration  of  any  sinister  object  on  his  part, 
or  any  misstatement  or  jirevarication.  His  whole  conduct  has  been 
marked  by  honor,  truth,  and  fidelity;  and  the  evidence  leaves  him 
Avithout  a  stain.  And  we  should  be  untrue  to  our  own  convictions  did 
we  not  a})ply  to  Generals  Ingalls  and  Sackett,  who  accompanied  him 
and  aided  in  the  negotiation,  the  like  commendation. 

And  we  take  equal  pleasure  in  expressing  our  conviction,  after  weigh- 
ing all  the  facts  and  circumstances  within  our  knowledge,  that  in  its 
negotiation  and  preparation  the  treaty  is  free  from  any  fraud  or  unfair- 
ness, and  that  the  agents  en)ployed  by  the  respective  governments  have 
all  acted  with  becoming  frankness  and  sincerity.  It  is  not  permissible 
In  ns  to  express  in  this  i)ublic  manner  our  ojiinions  of  the  merits  of  the 
treaty,  or  the  course  which  the  Senate  should  adopt  in  regard  to  it :  but 
as  the  agents  engaged  in  its  initiation  have  been  charged  with  corrupt 
motives  and  improper  conduct,  we  deem  it  ai)[)ropriate  to  say  we  deem 
the  assertion  entirely  uulbunded. 

Mr.  Hatch  claims  the  interposition  of  the  United  States  in  his  behall 
to  induce  the  Dominican  government  to  pay  him  damages  for  his  trial 
and  condemnation;  for  his  detention  in  contiiu'inent  after  the  commuta- 
tion of  his  sentence ;  lor  the  degradation  to  whi<'h  he  was  thus  subjected; 
and,  also,  for  the  seizure  and  use  of  his  ix'rsonal  effects  at  Harahona  by 
the  Baez  troojKs,  under  (Jcneral  (Jlarcia,  on  the  reoecupation  oi'  the  place 
by  that  general  in  August,  18G1).  Ami  he  lixes  the  amount  of  his  claim 
for  those  alleged  injuries  at  8r)0,000.  As  to  the  trial  of  jMr.  Hatch,  and 
his  detention  alter  the  commutation  of  his  sentence,  w(^  have  already 
exi)ressed  our  views.  We  do  not  (lonceive  it  to  b(^  tlu^  <luty  of  our  gov- 
ernment to  interjjose  in  his  behalf  in  resi)ect  to  that  transaction.  We 
know  of  no  principle  of  the  law  of  nations  that  justifies  our  government 
in  demanding  reparation.  Had  he  been  wantonly  seized  and  subjected 
to  a  mere  mock-trial  ami  condemned  without  a  hearing,  and  witlumt 
testimony;  in  short,  had  he  been  treated  with  manifest  wantonness, 
tyranny,  and  cruelty,  we  <;onhl  not  hesitate  to  reeonnnenda  demand  for 
satisfaction;  but  the  facts  do  not  show  that  su(;h  was  the  <'haracter  of 
the  proceedings,  but  they  weje,  on  the  contrary,  in  accordance  with  tho 
l.'iws  of  the  republic.  'I'he  <'<)mmitte,e,  (herel'oi<',  see,  no  ground  tor  thJK 
branch  of  his  claim. 

Now,  as  to  his  claim  for  damages  arising  from  the  alleged  seizure  and 
confiscation  of  his  property,  we  remark,  in  the  first  place,  tliat  it 
would  have,  been  mom  appro])riale  if  Mr.  Hat(;h  had  addressed  himself 


DAVIS    HATCH.  XXIH 

to  liic  Secretary  ol'  State  in  oidev  that  the  hitter  iiiiffht  have  oi)ened  iie- 
j^otiatious  with  the  Dominican  government  on  the  subject  of  this  claim. 
The  Secretary  of  State  is  the  proi)er  ajient  by  whom  our  foreign  rela- 
tions are  managed,  and  Mr.  Hatch  shoidd  have  reflected  that  courtesy 
to  tlie  Dominican  government  re(juired  tluit  it  should  be  fully  notified 
of  the  nature  of  this  claim  in  the  usual  forms  of  diplomatic  intercourse. 
in  this  way  the  claim  might  have  been  fully  investigated,  tlie  truth  of 
the  whole  matter  ascertained,  and,  if  tiie  claim  was  well  founded,  repar- 
ation voluntarily  made  by  tlie  Dominican  government.  As  it  is,  Mr. 
Hatch  a])peids  to  the  legishitive  branch  of  our  government  and  asks  it 
to  intertere  for  him,  "to  take  liis  ca.se  into  consideration,  and  to  inter- 
cede to  obtain  the  amount  of  damages  aforesaid  "  frouj  the-  J^ominican 
government.  Did  Mr.  Hatch,  under  the  advice  of  friends,  thus  ])ass  by 
the  Secretary  of  State  and  Ijring  his  claim  before  Congress  for  tlie  i)ur- 
pose  of  availing  himself  of  the  publicity  thus  afi'orded  to  assail  the  treaty 
and  the  agents  engaged  in  ]irocuring  it — a  subject,  the  whole  merits 
or  demerits  of  which  were  ])ro])erly  and  by  the  rules  of  tlu^,  Senate  to  be 
discussed  in  secret  session  !  l)id  his  -'revenge''  aiid  aTiimosity  against 
those  agents  carry  him  so  far  as  to  api)eal  to  Congress  for  the  very  pur- 
pose of  enabling  liim  ]>ublicly  to  assail  indirectly  the  executive  branch 
of  the  government,  to  whom  the  matter  of  liis  claim  against  Mr.  Hatch 
proi)erly  belonged  ?  Tiiat  his  petition  has  been  the  occasion  of  such  an 
iissault  is  evident.  Congress,  as  such,  has  no  power  to  notify  the  Domin- 
ican government ;  and  if  it  act  at  all  must  act  ex  parte,  unless  the  lat- 
ter government  shall  see  lit  voluntarily  to  appear  before  us  and  ansv\'er 
the  claim;  iji  other  words,  Mr.  Hatch  seeks  to  obtain  against  Baez's 
government  without  notice  a,  legislative  decree  that  that  government 
pay  him  his  damages. 

This  surely  is  an  unusual  i>roceeding.  It  asks  us  to  ])reiudge  the 
whole  case  against  that  government  without  hearing  v\'hat  it  has  to  say 
ill  repl.y,  and  to  demand  of  it  reparation  at  the  risk  of  war  should  that 
goverjiment  refuse.  It  ignores  the  right  of  San  Domingo  to  show  cause 
to  the  contrary,  and  makes  the  government  of  the  United  States  assume 
an  air  of  dictatorship  toward  that  power  utterly  derogatory  to  its  inde- 
pendence and  dignity,  and  utterly  inconsistent  vrith  our  own  policy  and 
character.  The  committee  cannot  too  strongly  condemn  such  a  pro- 
ceeding, one  so  plainly  at  war  with  every  princii)le  of  the  law  of  nations, 
the  rights  of  nations,  and  the  peace  of  the  world.  Especially  is  such  a 
com\se  objectionable  toward  so  feeble  a  power  as  San  Domingo,  more 
deserving  of  our  liberal  kindness  than  our  dictation. 

So  much  for  the  forum  vrhich.  ]Mr.  Hatch  has  selected. 

To  ])rove  the  loss  of  the  property,  however,  he  presents  no  other  proof 
but  his  own  statement,  to  which  he  has  omittecl  to  make  oath.  If  he 
had  suffered  much  damages  we  do  not  imagine  it  to  have  been  impos- 
sible for  him  to  procure  some  sort  of  testimony  in  the  shape  of  deposi- 
tions of  witnesses  or  other  documentary  proof,  such  as  njirotest  made  at 
or  near  the  time  by  himself  or  some  I'rieud  tending  to  establish  the  fact. 
But  we  have  ho  such  proof,  and  we  are  not  aware,  from  anything  before 
the  committee,  that  he  ever  drew  up  any  documentary  statement  until 
the  13th  of  May,  1870,  the  date  of  his  petition  to  Congress,  hi  this 
paper  he  states  liis  case  as  follows  : 

Notliing-  was  known  of  tlie  situation  of  ali'airy  iu  other  parts  of  the  comitry  during  all 
this  time,  and  not  until  the  14th  of  August,  when  General  Garcia,  with  about  three 
hundred  men  of  the  government  army,  took  posh5ession  of  the  town  witliont  opposition. 
He  came  immediately  to  my  hons(^  with  all  his  staft.  I  received  them  courteously,  and 
entertained  them  with  such  as  I  had.  After  being  in  the  house  about  an  hour  General 
Garcia  left,  with  the  chief  officers  of  his  staff,  to  take  a  look  around  tlie  town  ;  and  as 
soon  as  they  wore  well  out  of  sight,  some  tifty  or  more  of  the  troops  rushed  into  the 


XXIV  DAVIS    HATCH. 

house  aud  laade  a  geueral  v»illaf;e  of  eveiything  tiiey  took  a  fancy  to,  without  auy 
attemr)t  to  restraiu  them  bciitg  made  by  the  officers  present.  My  clerk  ran  immedi- 
ately to  call  General  Garcia.  He  came  in  great  haste,  caught  several  men  in  tho  yard 
making- ott"  with  their  plunder;  took  it  from  them  and  threatened  thera  with  severe 
punishment  if  anything  of  the  kind  should  be  again  attempted;  aud  also  severely 
reprimanded  the  officer  whose  duty  it  was  to  see  that  a  guard  vi  as  placed  over  the 
house.  lie  then  came  to  me  aud  expressed  his  regrets  for  what  had  happened,  and 
promised  to  guard  against  a  repetitiou  of  the  outrage,  remarking  at  the  same  time  that 
they  were  the  worst  set  of  men  he  had  ever  had  to  do  with,  and  that  some  of  his  offi- 
cers were  as  bad  as  the  men.  On  returning  from  Kincon  with  his  army,  on  the  17th, 
General  Garcia,  with  his  mounted  officers,  passed  directly  through  the  town  to  recon- 
noiter,  and  immediately  after  a  large  body  of  the  troops  ])roke  open  my  house,  which 
was  closed  and  locked,  and  carried  off  the  little  merchandise  recovered  on  the  14th,  a 
considerable  portion  of  my  clothing,  wax,  gum,  and  other  articles.  General  Garcia 
returned  soon  afterward,  and,  hearing  what  had  occurred,  came  immediately  to  a 
neighbor's  house,  to  which  I  had  been  obliged  to  remove,  having  lost  all  my  cooking 
apparatus,  crockery,  cutlery,  &e.,  and  again  apologized  for  the  robbery,  aud  promised 
every  satisfaction  in  his  power,  aud  that  he  should  make  a  thorough  investigation  into 
the  affair.  On  the  following  morning  the  troops  were  formed  in  the  square,  and  after 
a  little  time  the  man  was  pointed  out  v>ho  led  the  gang  the  afteruoou  previous,  and 
was  shot  five  minutes  after  the  discovery.  General  Garcia  came  to  me  after  the  execu- 
tion, and  said  he  hoped  the  exemplary  punishment  he  had  made  to  enforce  discipline 
in  his  army  would  satisfy  mo  that  he  was  not  one  to  tolerate  such  conduct  iu  men 
under  his  command.  I  replied  that  I  had  never  thought  otherwise  of  him,  and  (here- 
fore  felt  perfectly  secure  when  I  heard  he  was  coming  iu  command  of  the  army;  but 
that  I  thought  some  of  tho  officers  of  his  staff  more  to  blame  than  the  nuui,  and  was 
persuaded  they  knew  of  tho  arrangement  to  plunder  my  house  before  their  entry  on  the 
14th,  consented  to  it,  aud  participated  in  it.  which  was  evident  from  the  fact  that  several 
of  them  had  on  articles  taken  from  my  store  and  wardrobe.  It  is  not  surprising  that 
ignorant  men,  forced  into  the  service  by  a  press-gang — without  conscription  or  enroll- 
ment ;  without  the  semblance  of  discipline  or  military  order  ;  without  pay  or  regular 
rations  ;  half-starved  aud  half-naked — should  avail  of  every  opportunity  to  help  thcni- 
selves  to  whatever  they  needed,  regardless  who  their  victim  was,  or  of  its  consequences 
to  their  government ;  but  a  government  that  tolerates  such  things  iu  a  geueral  or  other 
comnussioned  officer  is  doubly  aud  trebly  respousible. 

Even  adniittiDg  this  to  be  a  correct  statement  of  the  mode  of  the 
spoliation,  it  is  manifest  that  it  was  nothing  )3ut  the  ordinary  ravages  of 
war.  Had  Mr.  Hatch  been  a  firm  and  active  friend  of  IJaez,  as  he  was 
not,  we  are  by  no  means  prepared  to  say  tliat  under  the  circumstances 
the  government  of  Baez  was  by  any  principle  of  public"hn\  responsible 
for  this  alleged  spoliation;  for  Ave  cannot  admit  the  principle  that  a 
government  is  Justly  answerable  for  all  the  damages  done  to  its  citizens 
or  snhjects  resulting  from  the  operations  of  its  armies  in  the  held.  The 
ordinaiy  duty  of  a  government  to  protect  its  citizens  or  subjects  is 
limited  by  the  principles  of  public  law  to  the  enactment  and  enforcc- 
inent  of  statutes  requisite  to  maintain  j)eace  and  ordei-  anuuig  them, 
such  as  th(^  establishment  of  courts  of  justice  and  other  protective  and 
remedial  agencies.  But  to  hold  the  government  res])onsible  for  all 
damages  that  may  occur  to  individuals  in  the  necessary  use  of  military 
means  to  rejiel  an  invasion  or  subdue  an  insurrection  woidd  be  to 
demand  of  it  what  would  be  in  very  many  cases  utterly  unreasonable 
and  iini»racticable. 

We  do  not  lind  in  recognized  treaties  of  the  law  oi'  nations  and  oi 
war  such  a  i)rinciple.  In  siuli  cases  it  must  be  expected  that  indi- 
viduals will,  to  some  extent  at  least,  be  sulferers  in  the  common  cahimity. 
J>ut  we  must  not  lose;  sight  of  the  fact  that  Mr.  Hatch  was  not  a  friend 
of  l>;!<'z  or  his  government,  an<l  that  he  had  connived  with  the  enemy 
<luring  Cabiid's  occ(ip;ilion  of  the  phice.  This  was  i'ully  proved  upon 
his  tii;d,  and  tiiis  \mis  the  gi'ound  of  his  eonch'nmalion.  In  addition  to 
the  ]iroot's  we  have  cited  above,  used  upon  his  trial,  we  are  compelh'd  to 
refer  to  the  further  fact  tlii't  while  at  IJiirahona,  and  during  Cabral's 
oceupjition,  he  furnished  to  the  craft  called  the  Telegrajdi  a  bill  of 
health;  this  bill  of  health  being  the  only  docunnMit  found  on  board  at 
the  time  she  entered  the  ]>ort  of  Tortola.  she  was  considere<l  to  be  a 


DAVIvS    HATOll  XXV 

pirate,  iiiui  in  the  ciuplo^s  of  Cabral;  and  Blie  had  no  rif^ht  to  enter  the 
port  of  IJarahona  because  that  was  not  a  port  of  entry. 

We  refer  to  the  ollicial  report  of  Couuuander  Qiieeu  to  the  Navy 
Department,  dated  St.  Christopher,  Se])teiid)or  11,  1801),  and  to  the  tes 
timony  of  General  Babcock,  on  the  subject,  (printed  testimony,  p.  41:) 

Commaiider  Quoeu  went  Avitli  tlio  Tiiscai'ora  to  Tortola.  I  have  here  his  oi-iginal 
leporfc  lo  tbo  Navy  Depavtuicnt,  and  1 -will  call  attoution  '.o  portions  of  it.  It  bogin:^ 
with  a  letter  dated  .St.  Christopher,  .September  11,  1SG9.     I  will  read  only  a  portion  : 

"The  policy  of  the  government  of  the  island  in  relation  to  the  Telegraib  has  been  ex- 
tvemelj'^  vacillating,  caused,  no  donbt,  in  a  great  measure  by  the  i)ersons  interested  in 
tho  vessel,  many  of  which  are  at  present  here,  having  accompanied  Governor  Pine  from 
Antigua.  Tho  governor  himself  has  developed  in  council  that  the  sale  of  the  vessel  was 
ii  sham.  The  othcer  effecting  the  sale  has  been  dismissed,  and  the  money  paid  into  tho 
colonial  treasury,  as  the  commission  on  tho  sale  has  been  returned.  The  only  paper 
which  tho  vessel  was  enabled  to  exhibit  at  Tortola  was  a  bill  of  health  furnished  by 
one  Hatch,  an  American,  at  Barahona,  a  Dominican  port,  not  a  port  of  entry." 

On  September  20  he  transmits  tho  various  papers  that  had  been  furnished  to  him  iu 
reference  to  this  vessel,  and  tho  last  one,  numbered  26,  is  : 

"I  hereby  certify  that  the  steamer  Telegrafo,  (or  Bcstauracion,)  arrived  in  the  port  or 
harbor  of  Tortola  on  tho  12th  July  last  past  under  Dominican  colors,  produced  at  the 
custom-house  a  clearance  and  bill  of  health  from  the  port  of  Barahona,  San  Domingo; 
and  no  other  documents  to  prove  her  nationalitv  or  ownership  were  exhibited. 

• '  ISAAC  FARKINGTON, 

•■  Comptroller  Cusforns. 

"  Tortola,  Sch  August,  1669. 

••I  ]T^rMn-  certifv  that  Isaac  I'ari'ingtou.  esq.,  is  comptroller  of  customs. 

•'  JOSEPH  G.  GORDON, 

''Provost  Marshal." 

And  it  may  be  added  further,  ac<iording  to  the  testimony  of  ex-Oom- 
mercial  Agent  Smith,  (printed  testimony,  p.  155,)  that  Mr.  Hatch  had 
been  engaged  in  other  illicit  traffic  at  Barahona.  The  Danish  vessel 
E-otto  was  consigned  from  St.  Thomas  to  Mr.  Hatch,  at  Barahona,  and 
was  undoubtedly  engaged  in  illicit  traflic,  in  which  Hatch  connived.  She 
was  .seized,  condemned,  and  sold  hy  the  Dominican  governmei\t.  (See 
printed  testimony,  p.  155.) 

That  a  i)erson  so  situated  should  make  reclamation  against  tlie  gov- 
ernment he  Avas  thus  offending  would  seem  to  be  singular;  and  from 
what  is  before  us  we  cannot  presume  that  Mr.  Hatch  had,  or  has  now, 
any  ground  for  a  claim  of  indemnification.  If  ho  was  demnified  at  all — 
a  fact  which  it  is  not  necessary  to  deny — it  was  his  misfortune,  growing- 
out  of  his  own  fault ;  and  without  af4suming  to  say  that  he  can  establish 
no  just  claim  against  the  government  of  the  republic,  we  are  constrained 
to  say  that  we  are  not  able  to  see  its  justice,  and  that  at  any  rate  his 
apj)lication  to  Congress  in  this  behalf  is  premature  and  irregular.  Wo 
cannot  but  regard  this  unusual  course  as  an  attempt  by  Mr.  Hatch,  in 
making  his  alleged  grievances  public,  to  prevent  a  lair  consideration  of 
the  treaty  of  annexation  ;  to  arouse  unfounded  prejudices  against  it,  and 
finally  to  defeat  it.  His  course  evinces  a  want  of  that  candor  and  cir- 
cumspection which  should  characterize  every  American  citizen  abroad 
in  matters  iu  which  his  government  and  country  are  concerned.  Loud 
and  passionate  clamors  against  individuals,  blind  surmises  and  personal 
pique  that  warp  the  judgment  and  induce  a  forgetfulness  of  matters  of 
fact,  are  not  the  means  proper  to  be  exercised  to  influence  our  judg- 
ments in  matters  of  such  grave  importance. 

The  committee  therefore  recommend  that  Mr.  Hatch's  petition  be  in- 
definite! v  postponed. 

JAMES  W.  NYE, 
J.  M.  HOWARD. 
GEO.  H.  WILLIAMS. 
WILLAED  WARNER. 


VIEWS  OF  ITIE  MINORITY. 


Mr.  SCHURZ  submitted  the  following  a.s  tlie  views  of  the  minority: 

Tlic  undersigned  regret  to  be  obliged  to  declare  their  dissent  from  the 
report  of  the  majority  of  this  cojnmittee  in  every  important  point  of  fact 
as  well  as  of  reasoning. 

We  submit  the  following  statement  of  the  case  of  Mr,  Davis  Hatch  as 
strictly  in  accordance  with  tlie  evidence  before  the  committee.  Mr. 
Davis  Hatch  is  universally  acknowledged  to  be  a  gentleman  of  the  highest 
character  and  respectability.  The  testimony  of  all  the  witnesses,  with- 
out exception,  agrees  in  this  respect.  Mr.  Fabens  himself,  the  diplomatic 
representative  of  the  Dominican  government,  sent  here  to  promote  and 
protect  its  interests,  admits  that  Mr.  Hatch's  private  character  is  with 
out  reproach.  The  most  prominent  citizens  of  Norwalk,  Conn.,  the 
home  of  Mr.  Hatch,  having  heard  of  au  assault  made  upon  his  character 
in  the  Senate,  hasten  voluntarily  to  express  their  high  appreciation  of 
»dm  as  a  citizen  and  a  gentleman.     (Published  testimony,  p.  170.) 

MR.   hatch's   trouble   WITH   THE   DOMINICAN   GrOVERNMENT. 

While  Mr.  Hatch  was  engaged  in  mercantile  business  at  Barahona, 
in  the  Dominican  Republic,  that  town  was  invaded  by  an  armed  force  of 
the  Cabral  party,  insurgents  against  the  government  of  President  Baez, 
and  it  remained  in  their  possession  for  a  period  of  about  three  months. 
It  then  fell  into  the  hands  of  the  troops  of  Baez,  and  Mr.  Hatch  was 
arrested  immediately  afterward  on  the  alleged  ground  that  he  had  aided 
the  Cabral  party.     This  happened  in  the  month  of  August,  18G9. 

He  was  taken  to  the  city  of  San  Domingo  to  pass  through  an  examina- 
tion. Had  he  been  tried  there,  the  trial  would  have  taken  place  before 
a  civil  tribunal  and  under  the  eyes  of  the  consul  of  the  United  States. 
But  he  was  carried  to  Azua,  a  hundred  miles  from  San  Domingo  City,,  into 
a  province  then  under  martial  law,  where  he  w^as  brought  before  a  mili- 
tary court. 

The  proceedings  of  that  military  court,  with  a  full  account  of  the 
charges  preferred,  the  testimony  taken,  the  arguments  made,  as  well  as 
the  tinding  and  sentence  of  the  court,  form  part  of  the  evidence  accom- 
panying this  report.  The  majority  of  this  committee  have  much  to  say 
in  favor  of  those  proceedings,  their  regularity  and  justice.  Without 
going  into  a  lengthy  argument,  the  undersigned  content  themselves  with 
simply  inviting  senators  who  desire  to  form  for  themselves  an  impartial 
opinion  in  the  case,  to  read  the  official  record  of  that  trial ;  v/ e  are  con- 
fident they  will  come  to  the  conclusion  that  the  wliole  proceeding  was  a 
barbarous  farce — a  transi)arent  act  of  persecution. 

The  circumstance  that  Mr.  Delmonte,  the  Dominican  minister  of  jus- 
tice, assured  Mr.  Smith,  then  commercial  agent  of  the  United  States  at 
San  Domingo,  before  and  during  the  trial,  that  Mr.  Hatch  would  finally 
not  be  harmed,  and  the  same  assurance  given  to  Mr.  Hatch,  render  it 
probable  that  the  Dominican  government  itself  had  no  great  faith  in  the 
justice  of  its  own  action. 


XXVIII  DAVIS    HATCH. 

Before  going  further  in  this  narrative,  we  may  inquire  into  the  prob 
able  motives  which  led  to  these  acts  of  chicanery  and  persecution. 

The  testimony  shows  that  in  former  years  Mr.  Hatch  had  incurred  the 
displeasure  of  two  very  i^owerful  individuals  on  the  island.  We  must 
look  back  to  the  year  18(50.  In  that  year  the  people  of  the  Dominican 
Republic  had  formed  a  constitutional  government,  with  a  Congress  regu 
larly  elected  by  the  people,  and  other  institutions  of  a  liberal  character. 
General  Cabral  vas  made  president.     Baez  was  in  exile. 

During  that  time  Mr.  Hatch  wrote  a  number  of  letters,  which  were 
published  in  American  newspapers,  severely  reflecting  upon  General 
Baez. 

Mr.  Hatch  also  i)revented,  by  the  information  he  furnished,  the  con- 
firmation bj-  the  Senate  of  the  United  States  of  Mr.  William  L.  Cazneau, 
who  had  been  nominated  by  President  Johnson  for  the  office  of  minister 
resident  of  the  United  States  to  San  Domingo.  General  Baez  and  Mr. 
Cazneau  were  great  friends. 

In  1868  the  constitutional  government  was  overthrown  in  a  revolu- 
tionary way  by  the  friends  and  partizans  of  General  Baez,  and  one  of 
General  Baez's  first  acts,  after  his  accession  to  j)ower  in  1808,  was  the 
arrest  of  Mr.  Hatch  on  the  alleged  gTound  that  Mr.  Hatch  had  co-operated 
with  the  opposite  party.  How  absolutely  groundless  this  charge  was 
then  appears  from  a  letter  addressed  to  President  Baez  by  his  own 
brother,  Generale  Valentine  Bamirez  Baez,  governor  of  the  province  in 
which  Mr.  Hatch  resided,  and  by  the  testimony  of  Mr.  Somers  Smith, 
our  commercial  agent,  both  of  which  form  part  of  this  report. 

It  ought  to  be  noted  here  that  Mr.  Hatch  was  the  agent  and  represen- 
tative of  a  company  of  Americans  who  had  acquired  the  grant  of  a  valu 
able  salt  mine ;  that  Baez  had  repeatedly  tried  to  have  that  grant  an- 
nulled, and  that  the  ownership  of  that  salt  mine  appears  to  be  in  doubt 
even  now,  inasmuch  as  on  one  of  the  official  lists  of  grants  furnished  by 
Mr.  Gautier,  secretary  of  state  of  the  Dominican  liepublic,  that  grant 
appears  as  annulled,  while  on  another  it  figures  as  valid.  It  is  clear 
from  the  evidence  that  efforts  were  made  to  divest  Mr.  Hatch  and  liis 
company  of  that  possession. 

When  IMr.  Hatch  had  thus  been  arrested  in  1808,  ]Mr.  Smith,  our  com 
mercial  agent,  used  his  good  offices  for  him,  and  Mr.  Hatch  was  released 
on  condition  that  he  remain  quiet.     Mr.  Hatch  then  resumed  his  business 
pursuits  at  Jiarahona.    These  occurrences  are  <'alculated  to  throw  light 
on  the  treatment  J\lr.  Hatch  received  in  1809. 

Let  us  now  return  iVom  this  digression  to  the  events  which  form  the 
subject  of  this  iiKiuiry.  We  left  Mr.  Hatch  in  the  hands  of  the  military 
court  at  Azua.  ]\Ir.  Hatch  was  sentenced  to  be  shot.  Hnmediately  after 
ward  he  was  i)ardoned  on  condition  that  he  leave  the  country.  This 
])ardon  was  decreed  l)y  tlu^  Dominican  senate,  and  i)ublished  in  the  official 
gazett(!on  tlu',  4th  ol"  October,  bS(J".».  It  was  a  iiill  jiardou,  with  no  other 
iiomlition  l)ut  the  one  mentioned.  The  original  i)ar(lon  was  not  in  o,vi 
donee  bclbic  the  committee,  but  the  testimony  of  Mr.  Smith,  our  com 
mercial  agent,  is  conclnsiv<i  on  that/ point. 

But  Mr.  Hatch  was  not  released  in  aeeoi'daiie<' witli  that  pardon.  He 
was  kept  in  prison  at  Azu;i  until  tin-  middle  of  March,  1870. 

Win    WAS  Mli.   UATOII  KEPT  IN  PRISON  V 

As  to  the  reasons  which  induced  tlie  Dc^ninican  government  to  ke«p 
Mr.  Hatch  in  prison  for  several  months  after  he  had  been  pardoned,  the 
Dominican  government  itself  has  furnished  clear  and  conclusive  teati- 
jnonv. 


DAVI8    HATCH.  XXIX 

While.  Mr,  Match  was  hehl  for  trial,  iiegotiations  began  between  the 
government  of  the  Dominican  llepjiblic  und  the  government  of  the 
United  States  for  tlie  annexation  of  the  Dominican  Republic  to  the 
United  States.  General  Bab(;ock  arrived  as  the  agent  of  the  go\ern- 
ment  of  the  United  States  in  San  Domingo  in  July,  1809,  remaining  there 
several  weeks,  when  a  preliminary  protocol  was  drafted  and  signed,  and 
again  in  November,  IStil),  when  the  annexation  treaty  was  concluded. 

In  spite  of  the  urgent  and  repeated  solicitations  of  our  commercial 
agents,  Mr.  Smith,  and  subsecpiently  Mr.  Perry,  Mr.  Hatch  was  kept  in 
prison,  and  the  reasons  witicli  the  Dominican  government  itself  assigned 
for  his  continued  incarceration,  appear  in  an  oflicial  note  addressed  by 
M.  M.  (Jautier,  Dominican  secretary  of  state,  to  our  commercial  agent, 
dated  February  19.  1870.    ]\Ir.  Gautier  says  : 

Tho  repeated  :hk1  nrgent  solicitntimis  which  yon  have  made  in  iavov  of  t:h«  said 
Hatd),  united  with  the  desire  which  my  jvoverunient  has  to  pl-^ase  that  of  Wasliingtoii. 
would  have  pursnaded  ua  to  concede  Iiis  passports  at  once,  had  it  not  been  for  the  ir- 
reconcilable enmity  witli  which  ho  attacks  the  government  in  all  of  its  acts  through 
the  newspapers  and  their  agents,  inventing  calumnies  to  divert  the  public  mind  agaiiisl 
flnnexalion  to  ike  United  States,  whit-li  desire  has  been  manifested  so  loudly  and  jjublicly 
by  the  people. 
'  I  desire  that  yon  will  be  good  enough  to  assm-e  his  excellency  the  Secretary  of  State 
in  Washington,  tliat  tho  prolonged  sojourn  of  Mr.  Hatch  here  has  been  only  to  prevent 
his  hostile  action  in  New  York,  assuring  him  at  tlie  same  time'that  if  this  reason  will 
not  satisfy  him,  and  that  should  he  insist  on  his  (Hatch)  being  permitted  to  go,  tho  gov- 
ernment, which  has  had  no  other  aim.  than  that  of  preventing  falsehood  and  the  mis- 
leading of  public  opinion  in  the  United  States,  will  be  very  glad  to  satisfy  his  wishes. 
(P.  101.) 

It  must  be  noted  here  that  not  a  i)article  of  evidence  has  been  pro- 
<luced  before  the  committee  showing  that  Mr.  Hatch  had  attacked  the 
Dominican  government  in  the  newspapers  after  Baez's  accession  to 
power.  All  those  articles  w^ere  written  while  General  Cabral  was  Presi- 
dent. General  Babcock  speaks  in  his  testimony  of  a  Havana  corre- 
spondence which  was  sent  to  the  New  York  World  after  the  liberation  of 
Mr.  Hatch,  and  which  General  Babcock  considers  inspired  by  Mr.  Hatch 
on  account  of  certain  expressions  occurring  therein  ;  but  the  letter  came 
evidently^'om  the  regular  corres))ondent  of  the  World,  and  was  writ- 
t,en  months  after  the  date  of  Mr.  Gautier's  note. 

But  Mr.  Gautier's  testimony  does  not  stand  alone.  In  a  dispatch  ad- 
dressed by  Admiral  Poor  to  the  Navy  Department,  March  12,  1870,  we 
find  an  account  of  an  interview  the  admiral  had  with  President  Baez. 
He  says:  "During  this  interview  the  subject  of  the  imprisonment  of 
Mr.  Hatch,  an  American  citizen,  was  introduced.  The  explanation  for 
the  continued  incarceration  of  IVtr.  Hatch  was  his  connection  with  par- 
ties and  presses  hostile  to  San  Domingo,  and  that  he  icoulcl  exert  an  in- 
fluence there  upon  public  opinion  that  would  be  very  detrimental  to  the 
interests  of  San  Domingo  with  regard  to  annexation."  (P.  128.)  This  is 
the  testimony  of  President  Baez  himself. 

It  is  evident,  therefore,  beyond  all  possibility  of  doubt  or  cavil,  that 
the  avowed  reason  why  the  Dominican  government  kept  Mr.  Hatch,  an 
American  citizen,  in  prison,  was  the  apprehension  that  if  set  at  liberty 
Ae  might  exert  an  iiatlaence  injurious  to  the  scheme  of  annexing  the 
Dominican  Republic  to  the  United  States. 

WHO    SHARED   THE  RESPONSIBILITY    FOR    THIS   OUTRAGE     \V1TH    THE 
D03IINICAN  GOVERNMENT  ? 

Among  the  documents  accompanying  this  report  (p.  135)  we  lind  a 
letter  addressed  by  Mr.  "NVillian^  L.  Oazneau  to  General  Babcock,  on 


XXX  DAVIS    HATCIT. 

Februai  V  11».  1870,  of  wbicli  we  shall  ha\'e  occasion  to  say  more  hereaftei. 
In  that  letter,  after  having  deuouuced  ^h\  Perry  for  his  efforts  to  pro 
cure  Mr.  Hatch's  release,  and  given  an  account  of  a  conversation  be- 
tween President  Baez,  Mr.  Perry  and  hiiuselfl  Mr.  Cazneau  says: 

Tiiis  Las  not  satisfied  Major  Perry,  and  lie  renews  liis  demand  for  the  instant  release 
of  Mr.  Hatch,  on  the  ground  that  his  government  had  repeatedly  instructed  him  to 
insist  upon  it.  President  Baez  said  to  hin).  in  my  iiresencc.  that  Hatch  was  indulging 
in  threats  against  this  government,  and  wonld  certainly  make  use  of  his  liberty  to  joiu 
the  enemies  of  annexation ;  that  Hatch,  though  closely  watched,  was  not  rigorously 
imprisoned;  that  a  few  weeks' restraint  would  not  l)e  so  inconvenient  to  him  as  his 
slanderous  statements  might  become  to  the  success  of  General  Grant's  policy  in  the 
Antilles;  and  that  Hatch,  being  a  convicted  criminal,  v.hose  final  pardon  had  not  yet 
been  delivered  to  him,  the  Dominican  executive  had  the  right  to  consult  the  exigen- 
cies of  the  situation  in  detaining  him  for  a  time  ;  but  that  a  full  explanation  of  these 
facts  should  be  sent  to  President  Grant,  together  with  a  statement  that  the  United  States 
commercial  agent  had  exerted  himself  to  have  the  pardon  completed.  Baez  repeated 
these  points  to  me,  and  Perry  then  turned  upon  me  with  the  accusation  that  I  am  more 
Dominican  than  American,  and  that  for  personal  reasons  I  was  opposing  the  liberation 
of  an  innocent  man,  while  I  was  obtaining  pardons  for  murderers,  meaning  the  poor 
American  sailor  whom  the  Dominican  authorities  commended  to  our  sympathy.  I 
replied,  this  was  not  true,  and  that  I  thought  President  Baez  had  the  right  and  ought  to 
do  ereriilhitig  in  his  poxvej'  to  serve  and  protect  negotiations  in  which  our  President  waK 
.so  deeply  interested. 

Major  Perry's  want  of  discretion  and  self-control  was  annoying;  but  it  has  not,  and 
will  not  be  suffered  to  eheck  the  proper  shaping-out  of  the  great  )>usines.s  in  hand,  that 
is  now  in  the  high  tide  of  success. 

From  this  it  is  evident  that  Mr.  Cazneau,  himself  an  American  citi- 
zen, did  not  only  approve  of  Mr.  Hatch's  being  kept  in  prison  because 
lie  might  injure  the  annexation  scheme,  but  encouraged  President  Baez 
in  this  course,  by  declaring  to  Baez  himself,  that  he  ought  to  do  so. 
To  Mr.  Cazneau's  character  and  his  confidential  relations  with  General 
Babcock,  we  shall  refer. 

It  is  also  alleged  by  Mr,  Perry,  the  commercial  agent  of  the  United 
States,  who  was  sent  to  San  Dondngo  in  November,  1870,  to  relieve  Mr. 
Smith,  recalled,  that  General  Babcock  expres.sed  his  opinion  and  used 
his  influence  in  the  same  direction.  Mr.  Perry  swears  that  previous  to 
his  departure  for  San  Domingo  in  October  last,  in  the  course  of  a  con- 
versation at  the  Executive  Mansion,  General  Babcock  "told  him  of  the 
circumstances  of  Mr.  Hatch's  cavse,  and  said  that  he  (Perry)  should  not 
interfere  in  Hatch's  behalf,  on  the  ground  that  Hatch  would  work 
agaitist  annexation  and  was  an  enemy  to  Cazneau  and  his  friends.''  (P.  24.) 

Mr.  Perry  testifies  further  that,  when  he  and  ( J eneral  Babcock  were 
together  at  San  Domingo  in  Novend)er,  1870.  "  the  day  before  the  Al- 
bany left,"  he  asked  General  ]Jabcock  "  why  it  Avas  that  he  could  not  get 
the  release  of  Mr.  Hatch  :  that  he  (Perry)  had  been  promised  that  release 
several  times,  but  that  tlu-  Dominican  governnu'ut  kei)t  i)utting  him  oil 
and  that  he  did  not  like  it :  that  General  Babcock  repliiMJ,  he  (Perry)  had 
better  not  ajtply  for  iMr.  Hatch's  release,  at  any  rate  not  until  he  (Bab 
cock)  had  left  the  island,  an<l  tliat  (Jeneral  Babcock  gave  the  same  rea- 
son he,  had  given  before,  that  Hatch  would  work  against  the  treaty  and 
was  an  enemy  to  that  ])arty,*'  (Cazneau  and  li  lends.)     (P.  LT*.) 

Mr.  Peny  further  Icstilies  that  on  Decoialion  Da.v,  the  .".0th  (»f  May 
last,  he  met  Gencial  ilabcock  heic  in  Washington,  and  that  in  the  course 
of  tin;  conversation  l>al)('ock  said  :  ''  It  was  a  great  i)ity  that  he  (Perry) 
had  had  that  man  Hatch  released;  that  it  was  a  great  mistake,  and  the 
President  was  very  much  disj)leased  about  it."     (P.  25.) 

Mr.  Perry  finally  states  that  Mr.  Cazneau  and  General  Babcock,  had 
informed  hiiu  that  Cazneau  and  Pabens  had  huge  inter(!sts  on  the  island, 
and  that  Babcock  and  Ingalls  had  interests  with  them.     (P.  ]04.) 

These  allegations  having  l)een  denied  by  Genera!  Babcock.  and  tho 


DAVIS    HATCH.  XXXI 

testimoiiy  ot  Mr.  Perry  being'  represented  by  the  majority  or' this  com- 
mittee as  unworthy  of  belief,  the  undersi^nied  desire  to  state  their  own 
opinion  as  to  Mr.  Perry's  cliaracter,  and  tlio  value  of  the  testimony  he 
produce's,  an  opinion  based  upon  the  facts  wJiich  appear  in  the  evidence. 

MR.   KAYMOND   H.   PERRY. 

Mr.  l*erry  Is  still  a  young  man,  a  member  of  a  highly  respected  family 
iu  Rhode  Island,  and  a  relative  of  the  illustrious  commodore.  When  he 
was  appointed  commercial  agent  to  Han  Domingo  he  had  already  i\ 
checkered  career  behind  him.  At  the  commencement  of  the  late  civil  war 
he  joined  a  three-months'  regiment  as  a  private,  and  afterward  a  lihode 
Island  battery  as  a  lieutenant,  lie  went  througli  the  i)eninsular  cam- 
paign, acquired  the  reputation  of  a  brave  and  ef&cieut  soldier,  and  was 
recommended  for  a  commission  in  the  regidar  army.  Owing-  to  a  quick  and 
impulsive  temp.erament  ho  involved  himself  in  difficulties.  He  shot  an 
officer  who  threatened  his  life  in  the  discharge  of  his  duty ;  was  tried  by 
court-martial  for  this  act,  and  immediately  acqnitte,d.  He  had  trouble 
with  his  immediate  superior,  resigned,  and  entered  a  New  York  regi- 
ment as  a  captain.  We  find  him  in  charge  of  recruits  on  Itiker's  Island, 
New  York,  Avho,  refusing-  to  go  on  board  the  steamer  which  is  to  carry 
them  off,  rise  in  mutiny  ',  they  attack  him  with  clubs  aiul  axes,  but  he 
subdues  them,  wounding-  many  with  pistol  and  sword.  He  is  sent  to 
Nev;  Orleans  to  take  charge  of  a  cavalry  battalion,  and  serves  through 
the  Red  River  campaign.  When  on  detached  duty  in  New  Orleans  we 
iind  him  involved  in  one  of  those  innumerable  horse  and  mule  cases 
which  occupied  our  courts-martial  during-  the  war,  found  guilty,- sen 
tenced  to  be  dismissed,  but  restored  to  active  duty,  serving-  in  the  Mo- 
bile campaign,  and  honorably  discharged  after  the  close  of  the  Avai-. 

But  he  does  not  return  to  the  peaceful  pursuits  of  civU  life.  Off  he 
goes  to  Mexico  to  serve  in  the  ranks  of  the  republicans  against  Maxi- 
milian. Then  we  find  him  in  1806  and  1867  with  General  Sheridan  on 
special  duty  iu  Louisiana  and  Texas,  part  of  the  time  as  chief  of  police 
at  Galveston,  fiually  resiguing-  that  position  and  returning  to  the  North. 

We  recognize  in  him  one  of  those  restless,  adventurous  spirits  who 
arc  the  characteristic  growth  of  a  new  country  ;  a  man  delighting  iu  a 
life  of  activity,  excitement,  and  danger,  made  for  military  service  in  the 
tield,  for  the  frontier,  and  for  the  most  arduous  of  police  duties  5  a  man 
of  a  hot  and  impulsiAe  temper,  prone  to  use  force  in  a  difficulty,  impa- 
tient of  the  regular  discipline  of  social  life,  brave,  intrepid,  and  daring, 
of  generous  impulses,  abhorring  foul  play. 

We  have  no  doubt  the  worst  that  can  be  said  about  Mr.  Perry  has 
been  huuted  up  and  can  be  found  in  the  evidence  accompanying-  this 
report,  while,  on  the  other  hand,  men  who  knew  him  long  and  well,  as 
for  instance  General  Clark,  General  Sheridan,  and  other  officer.'^  under 
whom  he  served,  testify  warmly  to  his  excellent  qualities. 

General  Clark's  testimony  having  beeu  quoted  by  the  majority  of 
this  committee  as  unfavorable  ^to  his  repute,  we  deem  it  proper  to  givd 
here  the  most  material  points  of  it: 

Hon.  "WiLLiAJi  T.  Clakk  sworn  and  examined. 

By  Mr.  Howard  : 

Question.  Are  you  a  ruember  ol"  tlic  House  oi"  Keprcscntalivcs  :" — Answer.  Ytv?,  sir  ; 
from  Texas. 

Q.  Are  you  acquainted  with  Rajiuoud  H.  Perry  1 — ^A.  I  aui. 

Q.  Where  did  you  know  him  ? — A.     I  knew  him  first  in  Galveston,  Texas. 


XXXU  DAVIS    HATCH. 

Q.  In  what  capacity  .' — A.  Ho  was  tliere  when  I  first  met  hiui,  I  think  uijon  the  eiali 
of  General  Sheridan,  then  in  command  of  the  military  district  of  Texas. 

Q.  Where  did  you  know  him  again  ? — A.  I  knew  him  afterward  in  Galveston,  T^xas, 
where  he  was  acting  as  chief  of  police  of  that  city. 

Q.  Where  next  ? — A.  I  next  saw  him  some  time  in  September  last,  when  he  came 
here  with  letters  from  General  Sheridan,  requesting  some  appointment  under  the  gov- 
ernment. The  letter  of  General  Sheridan  indorsed  him  in  the  most  emphatic  manner 
as  a  very  useful  and  energetic  officer  in  any  position  to  which  he  might  be  appointed. 

Q.  What  can  you  say  in  regard  to  his  general  character  for  honesty  and  honor,  truth 
and  veracity  ? — A.  Major  Peri-y's  reputation  in  the  army  was  of  this  character  :  he  is 
one  of  th6  boldest  and  bravest  scouts  ever  employed  in  our  service.  All  reports  which 
hebroughtinof  any  engagement  in  which  he  might  have  been  concerned,  or  any  infor- 
mation which  he  was  required  to  procure  from  the  enemy,  or  on  any  account  on  which 
he  sent,  was  always  considered  by  his  commanding  officers  as  entirely  reliable.  It  was 
this  peculiarity,  as  I  may  say,  that  endeared  him  to  his  commanding  officers,  and 
tinally  secured  him  the  place  of  chief  of  police  of  Galveston.  When  he  was  appointed 
chief  of  police.  General  Griffin  telegraphed  to  General  Sheridan  asking  for  an  officer  to 
occupy  that  position.  He  immediately  recommended  Major  Perry.  General  Griffin 
made  this  remark  in  my  presence :  '•  We  will  have  somebody  here  noAv  who  will  kill 
tive  or  six  of  these  fellows,  and  then  they  will  behave  themselves."  In  other  words,  I 
cannot  describe  the  major's  character  better  than  to  saj'  he  is  made  up  of  the  most 
combustible  materials  in  a  fight;  but  I  cannot  commend  his  discretion  or  liis  judgment 
on  occasions  where  sueh  qualities  are  required. 

Q.  Has  he  been  in  the  habit  of  acting  as  a  spy  or  detective  / — A.  I  think  that  is 
where  his  forte  lies  more  than  anything  else,  and  that  may  have  caused  to  grow  up  in 
him  a  sort  of  suspicious  temperament  which  will  lead  him  to  go  farther  than  the  facts 
would  justify  in  the  case  of  an  investigation  which  he  was  called  upon  to  make. 

Q.  ^Vllat  is  he  ordinurily  as  to  color  in  his  statement  of  facts — inclined  to  suspicion 
and  exaggeration  ? — A.  I  am  inclined  to  think  that  the  major  would  overstate  in  a 
case  that  interested  him  personally.  He  miglit  be  inclined  to  overstate  some  little 
matter  in  which  he  may  have  been  engaged.  That  is  the  only  thing  about  him  that 
I  can  speak  of.  I  never  have  heard  his  character  for  truth  and  veracity  disputed.  At 
the  same  time  his  habits  of  life  from  youth  up,  his  peculiarities,  would  lead  the  major, 
in  my  estimation,  in  making  up  his  judgment  or  making  up  his  report  of  a  transaction, 
to  carry  his  personal  feelings  further  than  the  facts  would  really  justify. 

By  Mr.  ScnuKZ : 

Q.  Mr.  Clark,  have  you  ha<l  much  personal  connection  with  Mr.  Perry,  much  per- 
sonal intercourse  with  him? — A.  I  know  the  major  very  well.  I  know  his  histoi'y ; 
know  his  family ;  know  where  he  was  born  and  brought  uj). 

Q.  Do  you  think  there  is  anything  malicious  in  his  character  that  would  induce  him 
to  persecute  a  person  without  reason? — A.  I  should  bo  sorry  to  believe  that  the  major 
would  ever  persecuttj  anybody.  I  do  believe,  however,  that  his  temperameut  would 
bias  him. 

Q.  Do  you  think  him  capable  of  downright  lying  for  the  purpose  of  getting  any- 
body into  trouble? — A.  I  do  not.  believe  that.  FVom  my  knowledge  of  him  I  do  not 
believe  he  w(ndd  do  that. 

By  Mr.  Vickers  : 
Q.  Is  ho  sternly  and  rigidly  efficient  in  the  discharge  of  liis  duly  1 — .\.  No  doubt  ot 
that.    Perhaps  too  much  so  on  occaeioae. 

By  Mr.  ScniKZ: 

Q.  Do  you  think  he  is  an  iiKonuptible  man,  or  that  he  can  bo  bought? — A.  I  do 
not  like  to  answer  that  (luestion.  1  do  not  know  whether  I  am  jirepare^l  to  answer  or 
not.  I  never  have  known  anylhing  of  him  that  would  lead  nu-  to  believe  that  he 
could  be  l)ought  lor  any  sum  of  money. 

<.^.  Il.'ive  you  ever  heard  anything  of  him  which  would  indnce  you  to  believi^  that 
he  conld  be  bought  with  money? — A.  Never  a  woj-d. 

It  is  proper,  also,  to  refer  to  documentary  evideiici'.  showiii;;  \n  what 
estiniation  ]\Ir,  Perry  was  liekl  by  the  ofticers  iiixler  whom   li<'  .s^Tved: 

'iHAJDl^CAlnKHS  DKI'.\in.MK.M'  UK   llli;  Gl/I.l<, 

Xao  Orleans,  Avfjuat  31,  ltH>4. 
L'aj'I  mn  :  1  taku  [lii  ;i    .i';  iii  licaring  testimony  to  the  invariably  good  conduct, both 
in  camp  and  field,  which  you  liavo  ehnwu  since  you  have  been  in  my  couunand. 

I  hare  always  found  von  proiupt  and  euergetic  in  the  discharge  of  whatever  duties 


DAVIS  iiATcn.  xxxin 

liavo  beon  assignorl  you,  aa  alan  geiitlomaiily  and  courteous  in  your  personal  bear- 
in/. 

I  liave  the  honor  to  be,  very  respectfully,  your  obedient  servant, 

N.  P.  BANKS, 
ifajor  Gmeral,  Commandiug. 
Captain  Raymond  1L  Perhy, 

Third  EhoJe  Inland  Cavalry. 

A  tiTie  eopy : 

O.  F.  AVERY, 

Captain  a«d  Judge  AdcocaU). 


Ofkick  Chief  ok  Ax{Tilij;i:v, 
Headquartkrs  Departmknt  of  the  Gulf, 

New  Orleans,  August  30,  1864. 
Sir  :  Reports  having  been  circulated  in  Rhode  Island,  by  evil-disposed  persons,  with 
a  view  of  injuring  your  character  as  a  gentieiiiau  and  imiiairing  the  confidence  of  the 
executive  of  State,  it  aiibrds  me  pleasme  to  bear  testimony  to  your  invaluable  and 
highly  creditable  service  during  the  Red  River  campaign,  both  in  your  regiment  and 
on  my  staff.  I  have  also  met  you  from  time  to  time  in  this  city,  and  I  liave  yet  to 
know  of  anything  to  your  discredit  as  a  gentleman  j^iid  officer. 
A'ery  respectfully,  your  most  obedient, 

RICHARD  ARNOLD, 
Ilrifjadier  General  U.  >S.  Volunteer». 
(Jaj)taiu  Raymond  H.  Perry, 

Third  Rhode  Island  Cavolrv- 


A  txue  co{»y 


O.  F.  AVERY, 

Captain  and  Judge  Adt>oca,te. 


llEAIXiUARTKRS  FiFTH  MILITARY  DISTRICT, 

New  Orleans,  La.,  August  7,  1867. 
Generai,  :  I  take  great  pleasure  in  introducing  Mr.  Raymond  II.  Perry,  the  bearer 
of  this  letter.  Ho  has  been  employed  by  me  as  a  special  olticer  for  some  time.  I  hay* 
the  highest  esteem  for  his  sobriety,  honesty,  and  zeal,  and  am  only  willing  to  part 
with  him  from  the  belief  that  he  may  obtain  a  more  advantageous  situation.  His  serv- 
ices are  almost  indispensal)le  to  me,  l)nt  I  have  advised  him  to  accept  the  offer  from 
Galveston. 

I  am,  gcueritl,  verv  respectfully,  vour  «>bedient  servant, 

P.  H.  SHERIDAN. 
Major  General  United  States  Army. 
Brevet  Utajor  General  Charles  Griffin, 

Commanding  District  of  Te.van,  Galveston.  Texas. 


State  OF  Ruoi>k  Island  E.kecutive  Department, 

J'rovidence,  Februury  11,  1868. 
My  Dkar  General:  Please  aUow  me  to  present  to  you  my  friend,  Major  Raymond 
H.  Perry,  who  was  an  eflicient  and  gallant  otlicer  during  the  late  war,  and  has  sine* 
done  excellent  service  in  the  fifth  military  district,  under  General  Sheridan,  to  whom 
he  is  well  known.  He  is  the  son  of  Hon.  James  D.  W.  Perry,  of  this  State,  one  of  my 
oldest  and  best  fricnids. 

Any  kindness  shown  him  will  be  remembered. 
Yours,  very  truly. 

A.  E.  BURNSIDK 
General  U.  S.  Grant, 

Commanding  Armies  United  States. 


Headquarters  Military  Division  of  the  Missouri, 

Chicago,  Illinois,  Oetoher  7,  1869. 
Sir:  The  bear  ^r,  Major  Raymond  H.  Perry,  late  of  the  volunteer  army  of  the  United 
States,  desires  tie  appoiufment  of  United  States  marshal  for  the  western  district  of 

S.  Eep.  234 3* 


XXXIV  DAVIS    HATCH. 

Texas.    la  case  of  an  existing  vacancy  iu  said  position,  1  cordially  recommend  him  for 
the  place. 

61  iijor  Perry  served  with  credit  during  the  vrar,  and  during  the  years  1865,1866, 
and  1867  was  with  me  in  the  South.     For  some  time  he  was  cliief  of  police  at  Galves- 
ton, Texas,  having  been  appointed  by  the  late  General  Charles  Griffin.     He  is  an  act- 
ive, energetic,  and  fearless  man,  and  one  that  can  be  relied  upon  to  do  his  duty. 
I  am,  sir,  with  great  resiject,  your  obedient  servant. 

P.  H.  SHERIDAN, 

Lieutenant  (General. 
His  Excellency  the  President  of  the  United  States, 

Washington,  D.  C. 

In  October,  18G9,  Mr.  Perry  api)lie(l  for  the  appointment  as  United 
States  mar.sbdl  for  the  western  district  of  Texas,  a  position  for  whicii 
his  qualities  admirably  fitted  him ;  but  that  phice  being  tilled,  he  was 
by  one  of  those  absurd  freaks  of  chance,  characteristic  of  our  system 
of  civil  service,  appointeil  commercial  agent  at  tSau  Domingo,  a  phice 
with  which  diplomatic  functions  are  connected,  and  whicli  required  just 
the  opposite  of  the  qualities  he  possessed. 

He  was  conscious  of  this  and  expressed  himself  in  that  sense.  But 
he  was  appointed  and  went* on  a  mission  full  of  per[)lexities  to  him. 
He  went,  as  he  says,  "with  everything  involved  in  mystery."  He 
relieved  Mr.  Saiith,  who,  as  he  fouud  reason  to  believe,  had  been  re- 
moved because  he  was  obnoxious  to  Baez,  (^azneau,  and  their  friends. 
General  Babcock  gave  him  letters  of  introduction  to  Mr.  Cazneau  and 
Mr.  Fabens,  at  St.  Domingo,  whom,  as  Mr.  Perry  testities.  General 
Babcock  recommended  to  his  contidence  as  his  friends.  General  Bab- 
cock denies  lliis,  but  we  shall  show  from  General  Babcock's  own  letters 
that  Mr.  Perry's  statement  is  essentially  correct. 

On  the  steamer  carrying  liim  to  iSan  Domingo  Mr.  Perry  meets  Mr. 
Fabens,  a  speculatoi-,  who  has  large  i>ecuniary  interests  on  San  Domingo, 
and  takes  a  most  lively  interest  in  the  annexation  scheme,  lli.s  conver- 
sations with  Mr.  Fabens  ])ioduce  a  curious  suspicion  in  his  mind. 

A  few  days  aiter  Mr.  Perry's  landing  on  the  island  Mr.  Fabens  tells 
him  that  General  Babcock  will  arrive  at  a  certain  time,  and  Mr.  Perry 
finds  that  Mr.  Fabens  is  better  informed  than  he  is  himself.  General 
Babcock,  accompanied  bj' Generals  Ingalls  jjnd  SacUett,  does  arrive,  and, 
b<^lore  lauding,  desires  at  once  to  have  Mr.  Fabens  brought  on  board  the 
steanu'r.  From  (Jeneral  Babcock's  hands  Mr.  I'erry  receives  his  instruc- 
tions conceiiiing  the  treaty  to  be  made.  He  is  also  directed  by  the  State 
Department  to  govern  himself  by  the  advice  and  instructions  he  will 
receive  iiom  General  IJabcock.  Jle  linds  (Jeneial  Bal)cock  in  coididen- 
tial  relations  with  I^'abens  and  Gaznean,  and  these  two  gentlemen  are 
present  in  President  Ba<'z's  room  when  the  treaty  is  negotiated,  taking 
part  in  the  pioceedings.  ilc  is  startled  by  a.  proposition  i)ut  forth  by 
Mr.  Gaznean  to  make  two  dilferent  treaties,  one  secret  and  oiu'  for  the 
public.     (See  (jeneral  SackettAs  testimony,  p.  51.) 

The  Hatch  case  comes  up  repeatedly,  but  Mr.  Perry,  asking  for  Mr. 
Hatch's  release,  can  obtain  neither  satisfaction  Irom  Jiaez  nor  aid  from 
Babcock. 

The  treaty  concluded.  General  Babcock  leaves.  At  first  Mr.  I'erry, 
altlKuigh  noticing  things  calcnlatod  to  awaken  suspicion,  contents  him- 
self with  thc!  idea  tliat,  in  following  the  advice  of  (Gaznean  and  friends, 
lie  is  acting  in  the  spiiit  of  his  instiudions.  He  consents  to  do  all  that 
seems  calculated  to  lurthei-  the  annexation  sc^henu',  vMthongh  he  per- 
(U'ives  that  the  vole  ol"  th(^  Dominican  people  in  favor  of  aniu'.xation  is 
controlled  by  f»)i'cc  and  intimidation,  he  goes  evttn  so  far  as  to  permit 
P>aez  and  Gaznean  to  dictate  his  dispatches  couceruing  that  subject- 


DAVIS    HATCH.  XXXV 

Bat  pic'seiitly  Mr.  Terry's  suspicious  of  foul  i)lay  i^row  stroufter.  He 
resolves  to  tell  his  goveriuneut  the  truth.  He  eomuiuuicates  his  appre- 
hensions to  the  Secretary  of  State  and  to  General  Babcock,  at  first  in 
unolitieial  letters,  and  with  timid  reticence,  so  as  not  to  injure  any  i)ersou 
connected  with  our  govennnent;  but  then,  more  and  more  stroujjly 
alarmed,  he  emphatically  cautions  the  Secretary  of  State  against  the 
men  who,  in  his  opinion,'endeavor  to  turn  the  annexation  of  tlie  Domin- 
ican llei)ul)lic  into  a  speculation  for  their  private  advantage.  Ue  ex- 
presses the  ho])e,  in  one  of  his  letters  to  the  State  Department,  that 
commissioners  be  sent  to  inquire  into  the  state  of  alfairs  on  the  ishind. 
He  receives  two  letters  from  Generals  Babcock  aiul  Ingalls,  almost 
identical  in  their  terms,  advising  him  to  put  nothing  jjersonal  in  his 
ofticial  correspondence,  and  to  "write  encouraging."  (P.  105.)  Ue  is  in- 
formed by  members  of  the  Dominican  senate  that  an  attem[)t  is  being- 
made  to  defraud  the  United  States  by  a  large  grant  of  public  land  to 
Mr.  Cazneau,  in  contravention  of  the  sixth  article  of  the  treaty.  Imager 
to  protect  his  government,  and  ur.acquainted  with,  or  forgetful  of,  the 
usual  ways  of  iliplomatic  intercourse,  he  addresses  a  note  directly  to 
the  Dominican  senate,  protesting  against  such  proceedings,  and  involves 
himself  in  an  angry  correspondence  with  the  Dominican  secretary  of 
State.  It  is  worthy  of  note  that  Mr.  Fish,  in  a  dis[)atch  to  Mr.  Perry, 
while  disapproving  of  his  having  addressed  the  seiuite  directly,  still 
ai)proves  of  his  etibrt  to  prevent  the  grant.  In  this  way  Mr.  Perry,  as 
Mr.  Cazneau,  the  chief  speculator,  says  in  his  letter  of  May  0th,  "  brings 
on  a  i)remature  disclosure  of  facts  tljat,.for  the  public  interest,  should 
have  been  held  strictly  conlidential  for  the  present."     (P.  91.) 

The  same  Mr.  Cazneau  boasts  in  a  letter  to  Mr.  Perry  that  "no  Amer- 
ican has  been  more  intimately  a(;quainted  with  the  Samana.  and  annex- 
ation negotiations  from  their  ince])tion  to  their  close"  than  he,  (Cazneau,) 
and  gives  Mr.  Perry  to  understand  that  he  knows  more  of  the  policy  of 
our  governuu^nt  than  its  official  representative. 

Mr.  Perry  finds  this  man  in  continual  correspondence  with  the  Execu- 
tive jMansion  at  Washington.  lie  finds  that  by  this  very  fact  Mr.  Caz- 
neau wields  a  mysterious  influence  over  President  Baez,  and  that  he 
uses  that  influence  to  obtain  pardons  for  other  criminals,  but  to  keep 
Mr.  Hatch  in  ])rison,  after  having  been  pardoned,  in  spite  of  his  urgent 
ofiicial  demands  for  his  release.  Thus  he  finds  another  ])retended  rei)re- 
sentative  of  the  United  States  more  powerful  than  he  is  in  his  olficial 
character.  In  rei)ly  to  one  of  his  demands  for  the  release  of  Mr.  Uatch, 
nuule  in  the  name  of  the  governnu'iit  of  the  United  States,  Mi-.  Gantier, 
the  Dominican  secretary  of  state,  asks  to  have  the  case  once  more  re- 
ferred to  Washington,  as  if  there  another  oi>inion  were  entertained 
about  the  case;  and,  finally,  the  release  of  Mr.  Hatch  is  obtained  oidy 
in  response  to  a  peremptory  demand,  supported  by  a  rear-admiral  of  the 
United  States. 

Thus  Mr.  Perry  finds  himself  surrounded  by  influences  mysterious  and 
a])parently  more  powerful  than  his  official  authority;  and  with  such 
doubts,  misgivings  ,and  perplexities  weighing  ujion  his  mind,  he  comes 
on  leave  to  Washington.  He  is  in  favor  of  annexation,  but  opposed  to 
corrupt  jobs;  he  finds  reason  to  believe  that  those  in  authority  are  in  the 
dark  as  to  many  things  they  ought  to  know,  and  he  resolves  "  to  make 
a  clean  breast  of  it." 

This  is,  in  our  oi)inion,  the  character  and  this  the  state  of  mind  of  the 
man  as  appealing  from  tlie  evidence  ;  and  in  this  light  his  own  testimony 
should  be  viewed.  While  involving  himself  in  some  ai)paient  contra- 
dictions ou  points  of  minor  importance,  when  under  the  confusing  pres- 


XXXVI  DAVIS    UATCH. 

snre  of  a  sharp  aud  rapidcross-exauiiiiatioii,yet  his  testimony  is  entirely 
consistent  on  the  main  qnestions  aud  in  most  of  its  statement  power- 
fully supported  by  uudeuiable  circumstantial  evidence.  Nobody  can 
read  his  testimouy  without  coming-  to  the  conclusion  that  he  meant 
to  do  his  duty ;  that  his  very  mistakes  sprung-  from  a  desire  to 
serve  his  goverument  in  the  annexation  policy ;  and  that  it  is  diffi- 
cult to  imagine  auy  personal  interest  which  could  have  induced  him,  by  a 
hostile  attitude,  to  otfeud  and  to  make  enemies  of  those  whose  influential 
position  could  so  materially  affect  for  the  better  or  for  the  worse  his  indi- 
vidual fortunes.  We  believe,  therefore,  that  his  testimony  is  entitled  to 
far  more  credit  than  the  majority  of  this  committee  accord  to  it. 

But  it  is  by  no  means  from  the  testimony  of  Mr.  Perry  alone,  nor  even 
mainly  from  Mr.  Perry's  testimony,  that  we  have  drawn  those  conclusions 
which  we  are  going- to  lay  before  the  Senate.  We  rely  principally  upon 
the  documentary  evidence  and  the  testimoiiy  of  General  Babcock. 

GENERAL,   ORVILLE   K.   BABCOCK. 

General  Babcock  went  to  San  Domingo  as  the  contidential  agent  of  the 
government,  iu  July,  1800,  accredited  to  President  Baez  by  a  formal  let- 
ter from  the  President  of  the  United  States.  While  at  San  Domingo  he 
was  informed  that  an  American  citizen,  Mr.  Davis  Hatch,  had  been  ar- 
rested on  suspicion  of  having  done  something*  to  aid  the  Cabral  party. 
General  Babcock's  attention  was  called  to  the  case  iu  the  ])resence  of 
President  Baez  by  I\Ir.  Smith,  tlien  commercial  agent  of  the  United 
States,  who  took  a  warm  interest  in  ^Ir.  Hatch.  As  to  the  manner  in 
-which  General  Babcock  at  first  disjjosed  of  the  case,  we  will  give  his  own 
testimonv : 

After  Mr.  Smith  wvui  out,  rresideut  Baoz  told  inethat  Mr.  Hatch  had  been  arrested, 
and  was  thfti  at  Azua,  ou  his  way  to  San  Domingo  City,  to  bo  tricul,  and  asked  nie 
abont  it,  and  I  said :  "Mr.  I'resichnit,  yon  mnst  be  eertain  tiiat  you  are  right  in  the 
question  of  law,  if  you  try  Mr.  Hateh  ior  any  such  thing ;  if  you  liave  the  proof  posi- 
tive that  he  lias  been  attempting  to  overthrow  yonr  government,  I  do  not  suppose  our 
government  will  in  any  way  interfere  in  the  eas;' ;  but  yon  nuist  1)0  very  certain  that 
your  evidence  is  entirely  correct."  Tluit  is  all  tlie  oi)inioii  or  instruction  I  ever  gave 
to  l)im  about  it.  Once  or  twice  during  the  conversation  lie  referred  to  Mr.  Hatch,  and 
to  the  part  tliat  Mr.  Smith,  in  tlie  interest  of  Mr.  Hatch,  ha<l  taken,  and  I  invarialdy 
answered  iu  that  way,  that  if  ho  had  any  charges  against  Mr.  Hatch  he  must  make 
them  out  in  writing  aud  send  them  to  tlio  Stat(^  Hei>artment  in  Wasiiington  ;  tluit  I 
ha<l  no  autliority  to  tre;it  on  any  such  ease  whatever.     (]'.  :i7.) 

lie  did  not  in(iuire  into  the  circum.sttinces  of  the  case  himself,  leav- 
ing that  entirely  to  the  discretion  of  the  ])ominican  authorities.  Mr. 
Smith  spoke  to  him  again  about  tiu'  lyrest  of  3Ir.  Hatch,  (leneral  IJab- 
cock  testifies  :  "  1  know  he  (('onsid  Smith)  asked  me  to  interfere,  or  some- 
thing of  the  kind,  and  I  told  liim  t'mit  the  President  (Baez)  had  in- 
formed ine  that  .^Ir.  Hatch  had  l)een  assisting  the  Cabral  l»arty,  and 
those  charges  ha<l  been  preferred  against  him,  and  I  told  him  he  must 
forward  all  the  ciiai-gcs  to  Washington  in  order  to  Iiave  any  action  of 
our  government,'''     (I*.  MS) 

JJut  General  Babcock  did  not  wail  for  a  I'onnal  statement  of  the 
<;harges  to  make  up  his  mind  that  ^Ir.  Hatch  was  guilty.  He  himself 
testifies  tliat,  when  asl<e(i,  a  very  siiort  tinu',  afterward,  lo  send  a  v(!ssel 
to  the  i>hu(' where  Mr.  Hatch  was  hehl  c;i])ti\-e,  he  said  in  reply,  "tliat 
Mr.  Hatch  had  l>een  interfering  with  the  I'elx'llion  in  that  country,  and 
that  I  should  have  nothing  lo  do  with  the  case."  (P.  112.)  Thus  we 
lind  that  a  mi're  nnsuitported  statement  made  l)y  tiic  JJominican  au- 
thorities,  the   very   ]>arly   comitlained   of,    was    sul'licient    1(»   convince 


DAVIS    HATCH.  XXXVII 

General  Babcock  of  the  guilt  of  an  Ameri(;au  citizen  in  prison  aud  not 
yet  tried. 

General  Babcock  subsequently  saw  a'  report  addressed  by  Commander 
C,^ueen,  of  tlie  United  States  ship  Tnscju'ora,  to  the  Xavy  Department, 
in  which  mention  was  made  of  Mr.  Hatch.  Commander  Queen  had 
been  sent  in  pursuit  of  the  Telegrafo,  a  little  steamer  commanded 
by  Luperon,  on(i  of  Cabral's  i)artisans,  operating  against  President 
Baez.  The  vessel  was  then  suspected  of  having  resorted  to  piratical 
practices,  but  afterward  acquitted  of  that  charge  by  a  British  prize 
court.  That  steamer  was  sold  at  Tortola.  Commander  Queen  reports 
the  event  to  the  Xavy  l>ei)artment,  and  in  that  report,  dated  Septem- 
ber 11,  occurs  the  following  sentence  :  "The  only  paper  whicli  tlie  ves- 
sel was  enabled  to  exhibit  at  Tortola  was  a  bill  of  health  furnished  by 
one  Hatch,  an  American,  at  Baralioiui,  a  Donunican  i>ort,  not  a  port  of 
entry." 

(General  Babcock  saw  this  report  at  Washington  after  his  return  from 
San  Domingo,  and  this  occasional  information,  without  any  further  in- 
quiry, was  considered  by  General  liabcock  sufficient  proof  that  Mr. 
Hatch  was  "  guilty."  He  had,  in  fact,  pronounced  him  guilty  before  that 
on  the  mere  statement  of  Dominican  officials,  but  now  his  conviction 
Avas  firm.  We  notice  in  General  Babceck  a  strange  determination  to  in- 
sist upon  Mr.  Hatch's  "  guilt"  from  the  very  beginning,  and  he  pro- 
nounces him  "guilty"  on  every  i)ossible  occasion  where  any  influence 
favorable  to  Mr.  Hatch  might  have  been  exercised.  He  advises  Mr. 
Perry  of  Mr.  Hatch's  guilt  when  Mr.  Perry  was  about  to  leave  for  San 
Domingo,  and  he  testifies  as  follows  concerning  his  conversations  with 
the  President  on  that  point : 

Q.  Had  you  joiuself  mentioned  Mi'.  Hatch  to  the  Presidents — A.  I  had. 
Q.  Had  you  stated  to  the  President  that  Mr.  Hatch  ought  not  to  bo  released  '{ — A.  I 
had  given  my  opinion  to  the  President  tiiat  Mr.  Hatch  was  guilty.     (P.  118.) 

And  again : 

Q.  You  did  say  that  you  had  expressed  to  the  President  your  opinion  that  Mr.  Hatch 
was  guilty  ? — A.  I  did ;  that  he  was  guilty  of  what  he  was  accused  by  those  people. 

Q.  What  led  yon  to  believe  that  Hatch  was  guilty  ?— A.  The  only  thing  that  led  me 
to  believe  it  i)ositively  was  the  report  of  Cajitain  Queen.  The  other  matter  was  not 
iu  the  form  of  proof. 

It  turns  out,  however,  that  the  bill-of-health  story,  which  to  General 
Babcock  was  positive  i)roof  of  a  preconceived  conviction,  and  the  only 
proof,  did  not  figure  among  the  charges  brought  by  the  Dominican 
authorities  against  Mr.  Hatch  at  all. 

In  November,  18G9,  General  Babcock  appeared  again  iu  San  Domingo, 
iu  order  to  conclude  the  treaty  of  annexation.  He  was  clothed  with 
extraordinary  powers.  Not  oidy  was  the  commercial  agent  directed  to 
be  governed  by  General  Babcock's  advice  and  instructions  with  regard 
to  the  pending  negotiations,  but  General  Babcock  was  also  cmi)Owered 
to  disi)ose  of  the  war  vessels  of  the  United  States  in  those  waters  for 
the  protection  of  the  Domini(;an  Pepublic  a.gainst  foreign  interference. 
We  refer  to  the  orders  he  issued  to  naval  officers,  page  KM. 

The  case  of  Mr.  Hatch  came  again  to  his  notice.  ]\lr.  Hatch  had  iu  the 
meantime  been  tried,  sentenced  to  be  shot,  and  pardoned  on  condition 
that  he  leave  the  island.  But  v,iien  General  Babcock  arrived,  he  had 
been  over  si.x  v.eeks  in  ])rison  after  the  publication  of  his  pardon.  Mr. 
Perry,  whose  arrival  had  preceded  that  of  General  Babcock  a  lew  days, 
had  at  once  applied  for  the  release  of  Mr.  Hatch,  and  President  Baez 
promised  it  to  him,  but  the  promise  r^Muained  unlidfilled. 

The  testintDuv  given  bv  General  Babcock  as  to  the  manner  in  which 


XXXVIIl  DAVIS    HATCH. 

the  Hatch  case  then  came  to  his  notice  is  such  as  to  sho\y  evasion  and 
prevarication  on  its  verj  face.  We  call  the  attention  of  the  Senate 
to  it : 

By  Mr.  ScilURZ : 

Q.  When  you  urrivcd  at  San  Domingo  C  ;ty  the  second  time,  Mr.  Hatch's  sentence, 
had  already  been  comnmted  to  banishment,  had  ib  not? — A.  1  do  not  know.  I  never 
saw  the  record.     I  only  know  what  may  havt-  been  said  in  general  conversation. 

Q.  Did  you  not  have  any  conversation  then  with  anybody  at  San  Domingo  City  about 
Mr.  Hatch  ? — A.  I  may  have  spoken  with  Mr.  Perry  two  or  three  times.  I  remember 
that  one  day  Mr.  Perry  showed  me  a  letter  purporting  to  come  from  Mr.  Hatch,  and  for 
all  I  know  it  did  come  from  him. 

Q.  Were  you  aware  at  that  time  that  Mr.  Hatcli  had  passed  through  his  trial  ;  that 
he  had  been  sentenced  to  death  ;  and  that  the  sentence  had  been  commuted  to  banish- 
ment ? — A.  Only  from  general  report.  1  had  no  record.  Nothing  had  been  furnished 
to  me.     I  understood  that  to  be  the  case,  however. 

Q.  Did  you  know  that  he  was  still  held  in  prison  '! — A.  I  understood  that  he  was 
still  in  prison  ;  that  the  pardon  had  not  yet  been  given  to  him. 

Q.  Did  you  take  any  steps,  or  did  you  inquire  at  any  government  office,  about  the 
condition  or  situation  in  which  Jlr.  Hatch  then  was  ? — A.  I  did  not. 

By  the  CiiAUSMiiJX : 

Q.  Was  there  anything  in  your  instructions  that  directed  you  to  inquire  as  to  the 
matt«r? — A.  Nothing  whatever  on  the  subject  in  my  instructions. 

By  Mr.  Wiixiams  : 
Q.  I  understand  you  to  say  that  you  believed  all  the  time  that  ho  had  taken  part  in 
the  rebellion,  and  tliat  the  government  of  San  Domingo  had  a  right  to  punish  him  for 
that  crime;  that  you  were  under  that  impression  from  the  evidence  you  had,  and  acted 
upon  that  impression? — A.  Yes,  sir;  and  that  I  had  no  right  myself  to  interfere  in  anj 
way. 

By  Mr.  SciiURZ : 

Q.  Where  you  aware  at  the  time  when  you  were  at  San  Domingo  City,  on  the  second 
occasion,  that  Mr.  Hatch  was  then,  after  his  sentence  had  been  commuted  to  banish- 
ment, illegally  detained  thi-re?— A.  I  was  not  a^vvaro  of  any  such  thing;  that  is,  I  did 
not  knr)w  what  his  sentence  was,  and  did  not  know  that  he  was  illegally  detained.  I 
only  knew  that  it  was  reported — I  could  not  even  say  who  told  me — that  he  had  been 
tried;  that  he  had  been  sentenced  to  be  hung  or  shot,  I  do  not  remember  which;  and 
that  the  sentence  had  been  comnmted  to  banishment,  and  that  he  was  going  to  be  sent 
away  from  the  island. 

Q.  Did  you  never  have  any  conversation  with  Mr.  I'erry  on  that  subject  f — A.  I  do  not 
know  how  many  times  e:\actly,  but  twd  or  three  times  during  my  stay  there  the  subject 
of  Mr.  Hatch  came  uji,  and  I  always  gave  him  tiie  answer  that  I  myself  would  have 
nothing  to  do  with  it;  that  I  believed  Mr.  Hatch  was  guilty  of  joining  the  rebellion, 
and  I  was  not  going  to  have  anything  to  do  with  the  case. 

Q.  Did  not  Mr.  Perry  at  that  time  give  you  infonnation  about  the  situation  in  which 
Mr.  Hatch  then  was  ? — A.  He  showed  me  a  letter  that  came  from  Mr.  Hatch,  as  he  said, 
in  which  Mr.  Hatch  stated  that  he  was  being  conlined  at  Azua,  but  it  did  not  state  that 
lie  was  confined  in  jjrison.  The  impression  that  it  conveyed  was  that  he  was  under 
duress. 

Q.  The  point  of  my  qtiestion  is  this,  whether  Mr.  Perry  did  or  did  not  at  the  time 
inform  yon  that  Mr.  Hatch,  after  having  his  sentence  commute<l  to  l);inishment  from 
the  island,  was  still  kept  in  inison  at  that  time  i — A.  Mr.  Perry  gaveuu\  ifany  infornui- 
tion  at  all,  nothing  more  than  common  report.  He  gave  me  no  record.  H(>  showed 
mo  no  recr)rd,  or  any  evidence  whatever,  to  show  that  Hatch  had  l)een  even  tried,  nor 
that  he  had  had  any  sentiiice  jiassed  on  him,  nor  that  he  was  in  any  way  confined. 

Q.  Did  he  not  give  yon  information  to  (hat  etl'ect? — A.  I  am  not  aware  that  lu^  gave 
nu;  any  iiositive  information  iihonl  that. 

By  Mr.  I-'kuhy  : 

Q.  Did  you  want  to  see  a  regul.'ir  wiitl<ii  otiicial  record  before  y«)U  Mould  interforw 
in  behalf  of  an  American  citi7;en  i — A.  I  <lid  not  ask  for  any  nnitter  at  all. 

Q.  Why  do  you  dilate  on  Ills  not  showing  yon  a  record  so  much? — A.  I  do  not  dilatft 
on  it. 

Q.  You  have  alreafly  several  times  rej»erited  lliaii  he  sjinweil  v"ii  >ii>  record? — A.  1  sitn 
not  aware  that  I  have  sai<l  ho  but  once. 

Bv  Mr,  Scnrit/. : 
Q.   If  flu-  irifoniuvtioii  Mr.  iN'iry  ;^iv*^  you  mi  that  jmint  mis  tint,  of  wurh  a  ohara^-t'<^r, 


DAVIS    HATCH.  XXXIX 

what  wove  yotir  con  vernations  totichinf^  Mr.  Hatch  abftut  at  all? — A.  The  conversationa 
in  retbronco  to  Mr.  Hatch,  in  reference  to  his  ha.vin;^  been  eouiieoted  with  tiiis  rebellion  ? 

Q.  No,  ill  ref(!renc('.  to  tin*  situation  he  was  tlic.n  in,  his  sentence  havinjr  boon  com- 
niut^nl  to  banishment  and  lie  still  being  illegally  detained  there. — A.  I  do  not  know 
that  I  was  ever  iiitorined  by  Mr.  Perry  that  that  was  the  case.  Mr.  Perry  may  iiave 
said  80,  but  I  know  1  lieard  that  in  common  conversation.  I  had,  however,  uo  evidence 
whatever  that  that  was  the  case. 

Q.  If  you  do  not  remember  that,  do  you  remember  at  all  wliat  the  conversation  touch- 
ing Mr.  Hatch  was  about? — A.  It  was  the  question  of  his  being  in  conlineuient  on  the 
islaml,  having  been  tried,  as  connnon  report  went,  and  liaving  been  sentenced  to  be 
executed,  and  that  ))unishnieut  having  been  commuted  to  banisiiment,  that  he  was  still 
in  conlincment  there;  but  1  do  not  know  v/iiat  the  nature  of  the  commutation  was, 
whether  he  was  to  be  banislied  at  a  certain  tinu3,  or  anything  about  it. 

That  General  Babcock,  who,  in  reply  to  the  first  question,  pretended 
to  have  known  nothing  definite  about  Mr.  Hatch's  situation,  knew  all, 
is  cletir  from  the  fact  admitted  by  him  tliat  he  saw  a  letter  from  Mr. 
Hatch  to  Mr.  Perry,  and  that  letter  contained  Mr.  Hatch's  whole  story, 
as  we  know  Irom  other  parts  of  the  evidence. 

So  far,  then,  according  to  General  Babcock's  own  showing,  independ- 
ently of  Mr.  i*erry's  testimony,  the  case  stands  thus  : 

General  Babcock,  an  ohicer  of  the  United  States,  invested  with  ex- 
traordinary authority,  is  sent  to  San  Domingo  to  concUide  a  treaty  of 
annexation.  He  is  empowered  to  extend  to  the  government  of  the  Do- 
niiiiican  Republic  the  protection  of  our  government  while  that  treaty  is 
waiting  for  its  final  consummation;  in  fact,  that  j)rotection  is  made  visi- 
ble and  effective  by  the  presence  of  war  vessels  of  the  United  States, 
whose  guns  are  at  the  command  of  General  Babcock.  The  relations  he 
thus  establishes  with  the  Dominican  government  are  of  snch  a  character 
as  to  render  the  refusal  on  their  part  of  any  legitimate  demand  coming 
from  him  almost  impossible  as  a  matter  of  courtesy,  and  entirely  impossi- 
ble as  a  matter  of  interest.  That  officer  finds  an  American  citizen  there 
who,  after  having  been  tried  and  pardoned,  is  still  held  in  prison  by  the 
same  government  which  lives  under  the  protection  of  American  guns,  and 
whose  territory  it  is  proposed  to  pass  under  the  American  tiag.  And 
under  such  circumstances  that  officer  declares  that  "he  will  have  noth 
iug  to  do"  with  the  American  citizen  so  held  in  prison.  He  declines  to 
speak  a  word  for  the  American  citizen  thus  outraged,  and  goes  even  so 
far  in  his  neglect  of  the  interests  of  his  iTnfortunate  countryman  as  to 
omit  all  inquiry  concerning  the  reasons  for  which  lie  is  held  ca])tive, 
while  a  few  minutes'  investigation  would  have  convinced  him  that  the 
only  thing  which  he  considered  proof  of  that  captive's  guilt  did  not  ex- 
ist "on  record,  and  that  the  trial,  sentence,  and  continued  incarceration 
after  pardon  were  a  barbarous  outrage  from  beginning  to  end. 

This  conduct,  which  appears  from  General  Babcock's  own  testimony, 
is  so  extraordinary,  so  unsoldierlike,  so  utterly  un-American,  so  unnatural, 
that  we  are  compelled  to  inquire  into  the  influences  and  circumstances 
which  may  explain  it. 

General  Babcock  states  that  he  had  reasons  to  believe  that  Hatch 
would  be  released  any  day,  since  President  Baez  had  promised  it  to  Mr. 
Perry,  whereupon  he  took  no  lurther  interest  in  the  matter. 

It  is  significant  that  when  General  Babcock  was  first  examined  by  the 
committee,  he  did  not  remember  at  all  this  circumstance,  which  he  after- 
ward repeatedly  urged  in  his  defense.  It  was  evidently  an  afterthought. 
Moreover,  General  Babcock  was  there  fifteen  days.  General  Baez  had 
promised  Mr.  Perry  the  release  of  Mr.  Hatch  before  General  Babcock's 
arrival  at  San  Domingo.  During  the  fifteen  days  the  promise  was  not 
fulfilled,  and  it  was  this  very  circumstance  tcliich  led  to  the  two  or  three  cm- 
ccrsations  on  the  Hatch  case,  which  General  Babcock  admits,  and  in  the 


XX,  DAVIS    HATCH. 

course  of  which  he  always  •'  declared  that  he  would  have  nothing  to  do 
with  the  matter.-' 

There  was  no  external  obstacle  in  the  way  of  the  instant  release  of 
Mr.  Hatch.  The  distance  from  San  Domi^ngo  to  Azua  being  only  one 
hundred  miles,  one  night's  ride  by  steamer  from  the  one  point  to  the 
other,  as  the  testimony  shows.  That  President  Baez  was  willfully  vio- 
lating his  promise  was  therefore  evident  to  all,  and  General  Babcock's 
excuse  falls  to  the  ground. 

It  is  also  said  in  extenuation,  that  General  Babcock  did  actually  con- 
sider Mr.  Hatch  guilty,  and  that  the  instructions  he  had  received  from 
the  President  and  the  Secretary  of  State  did  not  contemplate  liis  inter- 
ference in  behalf  of  individuals.  Flimsy  as  these  excuses  must  appear 
at  first  sight.  General  Babcock's  own  conduct  ])roves  that  these  things 
cannot  have  prevented  him  from  lending  his  aid  to  IMr.  Hatch.  While 
declining  to  intercede  for  this  American  citizen,  whom  he  himself  admits 
to  be  a  gentleman  of  most  respectable  character  and  standing,  he  (Jid  in- 
tercede for  a  sailor,  a  late  confederate  soldier,  who,  m  hile  in  a  Dominican 
port,  had  murdered  a  fellow-seaman,  and  of  whose  guilt  there  was  con- 
fessedly no  doubt.  He  went  even  so  far  as  to  draw  up  a  petition  for 
that  criminal  vrith  his  own  hand,  (p.  113,)  and  it  is  not  pretended  that  his 
instructions  from  the  President  or  the  Secretary  of  State  had  any  refer- 
ence to  the  case  of  that  assassin. 

It  is,  indeed,  asserted  that  a  suggestion  from  the  Dominican  chief  jus- 
tice, through  Mr.  Cazneau,  induced  General  Babcock  to  aid  the  mur- 
derer; but  it  is  difficult  to  understand  how  his  feelings  of  honor  as  an 
American  officer,  and  even  as  the  representative  of  the  President  of  the 
United  States,  could  have  failed  to  speak  louder  than  the  voice  of  a 
Dominican  official  when  the  rights  and  liberty  of  an  American  citizen 
were  at  stake,  charged  with  no  infamous  crime. 

Besides,  General  Babcock  had  shown  in  other  things  a  strong  disposi- 
tion to  construe  his  instructions  and  powers  very  liberally.  He  took  an 
active  interest  in  the  pursuit  of  the  steamer  Telegraplb,  while  his  in- 
Btructions  were  entirely  silent  on  that  subject.  But  more  than  that.  Ho 
signed  the  preliminary  protocol  of  a  treaty,  in  which  he  introduced  himself 
in  the  official  capacity  of  an  "xidede-canjp  to  the  President  of  the  United 
States,  and  his  special  agent,'*and  in  the  first  article  of  which  he  explicitly 
pledges  the  President  of  the  United  Stiites  "  i)rivately,  to  use  all  his  influ- 
ence, in  order  that  the  idea  of  annc^xing  the  Dominican  Pepublic  to  tho 
United  Statesmay  acquire  su(;li  a  degree  of  popularity  among  mend)ers  of 
Congress  as  will  bene(;essary  lV)ritsaccomi)lishment;  and  to  make  no  com- 
munication to  that  body  until  liCvShall  be  certain  that  it  will  be  approved 
by  a  majority,"  (p.  1S8.) 

That  an  "  aide,  de-camp  and  si)ecial  agent"  should  pledgee  the  President 
of  tho  United  States  to  such  a  proceeding,  is  a  thing  so  utterly  un])re- 
cedented  in  the  history  of  this  re])nblic,  that  it  cannot,  even  by  the  most 
hazardous  stretch  of  fancy,  be  imagined  to  have  been  foreseen  in 
the  contidential  verl>al  directions  given  to  General  P>ab<;ock,  while  his 
written  instru<;tions  ('miK)wered  him  only  to  gather  information,  and  not 
to  <'nter  into  any  agreement  at  all. 

It  appears,  therefore,  utterly  preposterous  to  assume  tiiat  an  officer 
cai)able  of  going  so  far  beyond  Iris  instructions  as  to  seriously  compro- 
mise the  name  of  the  I'resident,  should  have  been  lucvented  by  any 
feeling  of  delicacy  as  to  his  instructions  irom  interce;diug  in  behalf  of  an 
Airieiicuu  <'ifi/en  of  high  characti-r,  held  in  <Inress  aftei-  having  been 
pardoned. 

We  must,  tlKrefore,  look  for  the  key  to  liis  conduct  elsewhere. 


DAVIS    HATCH.  XLI 

(JAZNEAU   AMI)   FABENi-'. 

We  find  (xeneiul  Babcock  in  very  liiendly  relations  witli  Mr.  William 
L.  Cazneau,  an  American  citizen  livin^-  at  San  Domingo.  Wlu^n  Gen- 
eral Babcock  was  there  the  iirst  timi',  Mr.  Caznean  interpreted  for  him, 
and  since  then,  the  two  carried  on  a  eontinnal  correspondence.  Who  is 
Mr.  Cazneau?  Mr.  Smith,  our  late  commercial  agent  at  San  Domingo, 
and  Mr.  Perry  testify  that  his  reinitation  in  San  Domingo  is  bad.  He 
came  to  San  Domingo  from  Eagle  Pass  in  Texas,  was  in  sympatliy  with 
the  rebellion  during  the  civil  war,  and  it  is  reported  that  he  induced 
by  false  representations  a  number  of  Americans  to  come  to  San  Do- 
mingo and  to  settle  upon  lands  owned  by  him,  most  of  whom  miserablj 
perished.  According  to  General  Babcock's  testimony,  Mr.  Hamilton 
Fish,  the  Secretary  of  State,  also  had  an  unfavorable  opinion  of  him, 
for  General  Babcock  admits  that,  when  he  was  about  to  start  for  San 
Domingo,  Mr.  Fish  cautioned  him  against  Mr.  Cazneau. 

The  only  testimony  before  the  committee  favorable  to  Mr.  Cazneau  is 
that  of  Mr.  Fabens.  Mr.  Fabens  himself,  as  the  evidence  shows,  is  an 
American  citizen,  a  speculator  without  any  regular  business,  and  largelj 
interested  with  Mr.  Cazneau  in  grants  and  concessions  on  San  Domingo. 
One  of  these  grants  alone  comprises  one-fifth  of  all  the  public  lands 
of  that  country.  Aside  from  this,  Mr.  Fabens  appears  in  18G8  as  an 
agent  of  our  government  vsent  to  inquire  into  the  financial  condition 
of  San  Domingo,  and  after  a  sojourn  of  two  or  three  days  at  the  cap- 
ital of  that  republic,  he  came  back  reporting  the  whole  public  debl 
of  that  government  to  be  a  little  over  six  hundred  thousand  dollars; 
then  we  find  him  as  a  private  diplomatist  working  for  the  annexation 
scheme;  then  as  the  agent  of  Spofford,  Tileston  &  Co.,  in  New  York, 
who  have  a  steamship  concession  from  the  Dominican  government,  and 
are  the  agents  of  the  Hartmout  loan ;  then  as  a  "  friend"  of  President 
Baez  at  the  negotiation  of  the  annexation  treaty ;  then  as  the  minister 
resident  of  the  Dominican  Republic  near  the  government  of  the  United 
States ;  and,  finally,  as  a  witness  before  our  committee.  He  was  not 
sworn,  and  gave  his  testimony  with  the  reservation  that  he  be  permitted 
to  hold  back  "  state  secrets." 

This  gentleman  testifies  that  Mr.  Cazneau  is  a  loyal  man,  that  he  was 
in  very  friendly  relations  with  some  of  the  leaders  of  the  rebellion,  and 
thought  the  South  had  been  aggrieved,  but  a  good  Union  man  for  all 
that;  moreover,  that  Mr.  Cazneau  is  a  nu>st  honorable  and  respectabl© 
man,  who  carries  on  speculations  from  "strictly  patriotic"  motives. 
The  undersigned  have  no  doubt  that,  should  occasion  offer,  Mr.  Caz- 
neau would  say  the  same  thing  of  ]\lr.  Fabens. 

GENEKAL  BABCOCK  AND  CAZNEAU. 

Mr.  Perry  testifies  that  General  Babcock  told  him  to  stand  by  Cazneau 
and  Fabens,  and  that  he  had  interests  with  them.  (P.  104.)  General  Bab- 
cock denies  this.  He  says  that  Mr.  Fish,  Secretary  of  State,  had  spoken 
to  him  unfavorably  about  Mr.  Cazneau,  and  that  he,  Babcock,  mentioned 
this  to  Perry,  without,  however,  cautioning  him  against  (^azneau.  He 
told  him  on  the  contrary,  he  had  never  seen  anything  improper  in  Caz- 
neau, (Babcock's  testimony,  page  147.)  Upon  this  matter  (jcneral  Bab- 
cock's letters  throw  clearer  light  than  his  testimony.  We  have  a  letter 
from  General  Babcock  to  JMr.  Perry,  dated,  Executive  IMaiisioii,  October 
28,  18G0,  (page  202,)  in  which  General  Babcock  says  :  "  I  send  you,  also, 


XLn  DAVIS    HATCH. 

a  letter  to  my  friend  General  W.  L.  Oazueau,  whom  you  will  be  pleased 
to  know.'' 

More  significant  is  another  letter  from  General  Babcock  to  Mr.  Caz- 
neau,  dated  March  30,  1870,  in  which  the  general  expresses  his  regret 
at  a  difficulty  between  Cazneau  and  Perry,  and  says:  "  General  Caz- 
neau  told  me  in  a  letter  that  he  regretted  that  he  had  had  a  difficulty 
with  you.  *  *  *  You  will  remember  what  I  told  you  when  I  gave 
yon  a  letter  of  introduction  to  him,  and  I  have  yet  to  know  personally 
of  any  act  of  bad  faith  on  his  part.  *  *  *  You  will  remsmber  that  I 
had  to  write  through  General  Cazneau  when  Smith  «"«s'  consul.'''' 

Wuat  Mr.  Perry  thinks  he  remembers,  may  be  gathered  from  his  tes- 
timony ;  but  the  letter  itself  reveals  two  significant  facts.  There  had, 
indeed,  been  a  conversation  abont  Cazneau  wlien  Babcock  gave  Perry  a 
letter  of  introduction ;  but  is  it  possible  to  form  from  the  context  of 
this  letter  any  other  conclusion  than  that  Babcock  had  spoken  most 
favorably  of  Cazneau  ?  The  other  fact  is,  that  while  Smith  was  com- 
mercial agent,  General  Babcock  carried  on  his  correspondence,  not 
through  the  officer  of  the  United  States,  but  through  Cazneau.  Can 
any  stronger  mark  of  confidential  relations  be  given"?  And  the  words 
"  you  will  remember  "  signify,  without  doubt,  that  General  Babcock  had 
designated  ]\Ir.  Cazneau  to  Mr.  Perry  as  his  confidential  iriend.  It  is 
evident  from  these  circumstances,  that  on  this  point,  Mr.  Perry's  and 
not  General  Babcock's  testimony,  is  substantially  correct. 

What  is  the  attitude  of  General  Babcock's  confidential  friend  and 
correspondent  at  San  Domingo,  Mr.  Cazneau,  with  relation  to  Mr.  Hatch? 
We  have  already  quoted  Cazneau's  letter  to  Babcock  in  which  he  de- 
nounces Perry  for  his  unseasonable  efforts  in  behalf  of  Mr.  Hatch,  and 
relates  how  he,  Cazneau,  in  the  presence  of  Baez,  has  declared  it  to  be 
not  only  the  right,  but  the  duty  of  President  Baez  to  detain  Hatch  so 
as  to  prevent  injury  to  the  annexation  scheme.  And  this  he  writes  to 
General  Babcock,  not  in  the  tone  of  ajiology,  but  of  reflection  on  Perry. 

We  have  already  seen  that  General  Babcock,  when  asked  to  interfere 
in  iavor  of  Mr.  Hatch,  and  whenever  the  conversation  with  other  officers 
turned  upon  the  subject,  confesses  to  have  had  but  one  answer  :  ''  l  will 
have  nothing  to  do  with  it.     Mr.  Hatch  is  guilty." 

The  following  is  part  of  Mr.  Smith's  testimony.  (P.  105.)  It  refers  to 
Babcock's  first  visit  to  San  Domingo  : 

Question.  Do  you  know  wlietlicr  G<'ueral  Habcock  carriccl  any  dispatch  from  the  Hao/. 
govcrnnu^nt  in  relation  to  Mr.  Hatch? — Answer.  I  heard  so. 

Q.  From  whom  did  yon  hear  it  f — A.  From  (Captain  Quocn. 

Q.  What  did  Cai)tain  Qnetii  t(!ll  yon  ? — A.  Tiio  Tnscarora  and  tho  Tybee  saihid  thu 
name  afteiiioon.  Tiicy  h'l't  tli(i  liarbor  to<rethcr,  and  three  we<!kH  afterward  Ca])tiiin 
(^necn  rctnrncd.  'I'hc- first  words  he  said  to  me  on  meetinjj;  mo  wero,  "  You  need  nol» 
f^ive  yonrscir any  more,  troiil)h' altonfc  tiiat  man,  for  General  Babcock  has  carried  tho 
proof  of  his  j^^nilt  in  black  and  white." 

Q.  Whom  did  henii^an,  Hatch  ? — ,\. Mr.  Hatch.  I  said  to  him  "  How  do  you  know  itf" 
Haid  he,  "  W'r  were  outside  the  iiort  and  General  IJ.ibcoek  si/^nilied  his  wish  to  commu- 
nicate to  UK!,"  and  Captain  (^neen  told  me,  in  the  jiresence  of  my  son,  that  he  jfot  that 
information  from  Cien<-ial  liabcocU. 

(jcru'ial  Balx'ock  denies  having  carried  any  pa])ers  to  Washington. 
But  that  docs  not  disproves  Mr.  Smith's  statement,  which  shows  tlui  im- 
pression produced  u|u)n  Captain  (,)acf'n's  mind  by  his  <',onversation  with 
General  IJiibcock. 

Mr.  J'erry  testifies  as  follows,  (p.  L'l :) 

Q.  And  you  had  heard  of  Mr.  Hatch's  case  before  you  wtmLout,  or  un  your  way  out. — A. 
Yes,  sir. 

(•i.  Which  w;iH  it,  before  you  wont  out,  or  on  your  way  out,  that  you  hoard  of  hb 
ca.se,? — A.  (Jeiiorul  IJabcock  ftr'<t  sjuike  of  his  cu.s(5  at  the  Executive  Mansion,  boforo  I 
Ktarted  from  here. 


DAVIS    HATCH.  XLIII 

Q.  Wliiit  did  ho  say  to  you  about  hi«  caso'^ — A.  Ho  told  luo  the  circumstances  of  his 
case,  and  tliat  ho  woiihl  rather  I  should  luit  iulercede  in  his  behalf;  and  he  also  told  me 
the  sanu!  thing  in  Sau  Doniin>;o. 

Q.  What  reason  did  Ijabcoik  give  fin- you  not  interceding? — A.  He  argued  the  same 
that  Baez  and  his  j);irty  did,  tliat.  Hatch  would  work  against  annexation,  and  that  he 
was  an  enemy  to  Cazueau  and  his  friends. 

Q.  That  was  before  you  got  to  .San  Domingo  / — A.  That  was  before  I  sailed  on  the 
steanifjr. 

General  Babcock  denie«  liavirig  advised  l*eiTy,  before  liis  departure, 
not  to  intercede  for  Mr.  Hatch ;  but  lie  admits  liaving-  told  liini  that  he 
considered  Mr.  Hatch  guilty,  and  that  he  did  notwisli  to  have  anything 
to  do  with  it,  (p.  42.)  It  will  hardly  be  denied  that  the  expressions 
admitted  by  Geueral  Babcock  very  closely  resemble  an  advice.  They 
were  evidently  calculated  rather  to  discourage  than  to  stimulate  Mr. 
Perry's  desire  to  do  something'  for  his  imprisoned  fellow-citizen. 

Mr.  Perry  again  testifies  as  to  what  occurred  at  San  Domingo : 

Q.  While  you  were  there  did  you  have  interviews  or  conversations  Avith  General 
Babcock  in  relation  to  Mr.  Hatcifs  ease  after  yon  had  informed  yourself  about  it  ? — 
A.  Yes,  sir;  1  asked  General  Babcock,  the  day  "before  the  Albany  lefr,  why  it  was  that 
1  could  not  get  the  release  of  Mr.  Hatch  ;  that  I  had  been  promised  his  release  a  great 
many  times,  but  they  kept  i>utting  nn>,  off,  time  after  time,  and  I  did  not  like  it.  He 
told  "me  I  had  better  not  apply  for  his  release;  at  any  rate  not  to  do  so  until  after  he 
had  left  the  island. 

Q.  What  reason  did  lie  give  ? — A.  He  gave  the  same  reason  he  had  given  before,  that 
Hatch  would  work  against  tlu^  treaty,  and  was  an  enemy  to  that  partj'. 

General  Babcock  denies  this  also  ;  but  there  is  a  series  of  docuuients 
throwing  some  light  upon  what  happened  during  General  Babcock's 
second  visit  at  San  Domingo. 

On  January  27,  1870,  Mr.  Hatch  addressed  a  letter  to  Captain  Buuce, 
commanding  the  United  States  Steamer  Nantasket,  then  at  Azua,  ask- 
ing for  the  captain's  interference.  In  the  reply  of  Captain  Bunce,  Feb- 
ruary 1,  occurs  the  following  passage : 

But:  I  am  in  receipt  of  your  letter  of  the  27tli  ultimo,  and  at  once  called  upon  the 
attorney  general  for  an  explanation  of  your  case. 

He.  informs  me  that  you  were  found  guilty  of  conspiracies  against  the  government, 
and  that  your  case  had  been  considered  by  the  representatives  of  the  State  Department 
of  the  United  States;  that  I  can  ascertain  from  the  commercial  agent,  Mr.  Perry,  at 
San  Domingo,  all  particulars,  land  the  action  taken  by  him  and  the  United  States  com- 
missioners in  the  affair  during  their  last  visit  to  the  island. 

From  this  letter  it  appears  that,  according  to  the  statement  of  the 
Dominican  attorney  general,  Delmonte,  Mr.  Hatch's  case  had  been  con- 
sidered by  the  representatives  of  the  State  Department  of  the  United 
States,  and  reference  is  made  to  the  action  of  the  United  iStatcs  commis- 
sioners during  their  last  visit  to  the  island.  Who  were  "  the  United  States 
commissioners?"  There  could  be  no  others  biTt  General  Babcock  and 
party.  What  "action"'  liad  they  taken  with  regard  to  JMr.  Hatclr?  Mr. 
Perry  is  referred  to,  and  he  testifies  that  General  Babcock  advised  him 
not  to  interfere  for  Hatch. 

The  statement  of  Mr.  Delmonte  indicates  clearly  that  in  Dominican 
government  circles  the  impression  was  current  that  "the  United  States 
commissioners"  did  not  mean  to  have  Mr.  Hatch  released.  In  fact,  only 
a  short  time  after  the  date  of  Captain  Bunce's  letter,  Mr.  Gautier,  Do- 
minican secretary  of  state,  in  reply  to  a  demand  of  Mr.  Perry  for  the 
release  of  Mr.  Hatch,  v/rote  that  Mr.  Hatch  was  kept  in  prison  for  the 
reason  of  his  liberation  being  considered  injurious  to  the  annexation 
business;  and  then  Mr.  Gautier  requested  IMr.  Perry  to  refer  the  matter 
once  more  to  the  government  at  Washington,  as  if  he  had  reason  to  ex- 
pect from  there  a  decision  different  from  Mr.  Perry's  demand. 

The  matter  was  indeed  referred  to  Washington  by  Mr.  Cazneau,  in  a 
letter  addressed  to  General  Babcock.     That  letter  bears  even  date  with 


XJLIV  DAVIS    HATCH. 

Mr.  Gautiers  note  u>  Perry,  February  19.  There  wiis  eou(,'ert  betAveeu 
the  two,  for  Mr.  Gaziieau,  in  a  postscript,  says:  "I  have  seen  the  letter 
Gaiitier  is  addressing  our  commercial  agent  on  tlie  Hatch  affair,  and  it 
seems  to  me  just  and  explicit."  Perry  had  refused  to  squander  two 
months  in  referring  the  Hatcli  affair  back  to  Washington,  but  Cazneau 
turned  to  Babcock. 

We  have  already  quoted  from  that  remarkable  letter,  but  we  have  not 
yet  expressed  our  opinion  about  it.  It  was  the  same  letter  in  which  Mr. 
Cazneau  related  how  he,  in  Baez's  presence,  had  declared  that  it  was  not 
onl.y  the  Dominican  President's  right  but  his  duty  to  keep  an  American 
citizen  in  prison,  if  that  citizen  might  exercise  an  influence  injurious  to 
the  annexation  scheme. 

Considering  that  Cazneau  himself  is  an  American  citizen,  we  do  not 
hesitate  to  designate  the  sentiment  he  declared  and  the  influence  he 
used  there  to  keep  a  fellow-countryman  in  ])rison  for  such  reasons  as 
simply  infamous  and  detestable.  But  Mr.  Cazneau  had  thought  it  safe 
to  lay  those  things  before  General  Babcock. 

General  Babcock  communicated  that  letter  to  the  President,  and,  ac- 
cording to  General  Babcock's  own  testimony,  the  President  directed  him 
at  once  to  discontinue  his  correspondence  with  Cazneau.  General  Bab- 
cock, indeed,  did  not  reply  to  Cazneau.  But,  referring  to  Cazneau's 
letter,  he  wrote  a  letter  to  Mr.  Perry.  Did  he  condemn  Mr.  Cazneau's 
atrocious  sentiments?  Did  he  express  his  approval  of  Perry's  lirm  de- 
mand for  the  release  of  Hatch  ?  We  hav^e  already  (juoted  that  letter 
from  General  Babcock  to  Perry  also.  It  is  the  sauu^  in  which  he  ex- 
pressed his  regret  at  the  differences  that  sprang  up  between  Cazneau 
and  Perry,  tries  to  smother  them  over,  and  says  :  "  You  will  remember 
what  I  told  you,  when  I  gave  you  the  letter  of  introduction,  (to  Cazneau,) 
and  I  have  yet  to  know  personally  of  any  act  of  bad  faith  on  his  ])art. 
*  *  You  will  remend)er  that  I  had  to  write  through  Mr.  Cazneau 
when  Smith  was  consul."  *  *  (P.  108.)  General  Babcock  was 
evidently  not  struck  by  Cazneau's  infamous  conduct  with  regard  to  Mr. 
Hatch  as  an  act  of , bad  faith.  Even  after  all  tlus  he  points  him  (mt  to 
Perry  as  his  contidential  friend. 

Equally  signihcant  is  the  conversation  whi(;h  too!c  place  bcb\Yeen 
General  Babcock  and  Mr.  Perry  on  the  .".Uth  of  May  last. 

Mr.  Perry  testifies  as  follows: 

Q.  After  y(»ur  rctmii  to  Wasliiii^toii,  <li<l  you  have  luiy  eouvor.s:itio!i  with  (itMioral 
I'alicock  about  tho  release  of  .Mr.  Hatch  ? — A.  Yes,  sir. 

C^.  Whi-u  and  wln-re  was  that? — A.  It  was  the  inoriiiii;^  of  th(!  floral  j^athering  at 
Arliii;;ton,  on  Dciioratioii  Day.  I  met  General  IJaheoek  o!i  tiiat  ni;>rniMix  at  10  o'(!loolc, 
or  a  little  alter  10.  We  were  s;)eakiii.!^  about  one,  matter  or  another,  about  San  Do- 
rniuf^o,  and  Ik;  said  tiiat  it  was  a  jj;reat  |)ity  that-  I  had  had  tiiat  man  Haieh  released. 
I  told  him  tluit  I  had  direct  or«lers  tVom  the  .State  Dtipartment  to  secure  his  release. 
Then  he  said  I  eouhl  not  hel])  it,  haviiij;  received  those  orders;  but  it  was  a  mistake, 
and  that  the  I'i'esident  was  very  nuich  disideased  about  it. 

When  (leneral  Babcock  was  the  iirst  time  before  th<}  committee,  lie 
made  about  this  point  the  following  statement: 

1  asked  him  if  he  had  a  positive  oidi-r  for  the  release  of  Jlr.  Hatch,  an<l  he  said  that 
be  had.  I  told  him  that  Iherciison  I  asl<e,d  liim  wa.s  that  there  had  been  a.  <iui;stioii 
whet  lu-r  the  Seeretary  of  State  h.ad  demanded  Ihereleasi;  of  Mr.  Hatch  withmit  the  order 
of  the  ['resident,  ami  I  wanted  to  know  whether  llxM'o  had  been  a  posilivti  order  sent 
down  for  the  ndease  olMr.  Hatch;  I  mean  that  Unit  was  my  (diject  in  ,askinj.j.  I  told 
him  that  tlie  (hunand  went  without  the  knowlc(l;;(i  ol"  the  I'li-sident,  whi(di  1  l)idievo  in 
a  fiU'.t.     As  to  •■xpressin;^  any  re<riot  that  Jlr.  Hatch  was  released,  I  did  not  do  it. 

r>nt  when  (icncral   Bab<M)«'k  was  examined    the  second  time,  he  testi 
(led  as  follows: 
Q.  What  <lid   y<»u  d>i  with  that  letUn' — Uaznoau's? — A.   I   told   ihe  President  of  Iho 


DAVIS    HATCH.  XJLT 

receipt,  of  tho  letter.  It  wa.s  rowMVcd  lioro  in  March.  I  think  tho  tiecrctary  of  Stato 
wa.s  there  at  tho  time,  and  lie  inibriiied  nic  that  an  order  had  f^ono  for  the  release  of 
the  man,  and  I  paid  no  further  !>ttention  to  it,  Itecan.so  tho  thinn;  was  enihrd. 

By  Mr.  ScHURZ: 

Q.  Tho  Secretary  of  State  told  yon  thatf — A.  I  (hink  it  w.T,fl  some  one  eon neeted  with 
the  State  Department ;  I  believe  the  Secretary. 

By  Mr.  HowAun: 
Q.  Do  yon  know  when   Hatch  was  aetnally  released  ? — A.   I  do  not    know   myself. 
This  letter  arrived  ahont  the  first  of  March. 

By  Mr.  SciiURZ  : 

Q.  Yon  say  that  yon  were  in  the  ofdce  of  the  President  with  th(j  letter,  and  the  See- 
I'etary  of  State  was  there  f — A.  I  say  I  think  that  was  the  way  it  canu;  up. 

Q.  Aiul  yon  were  informed  there,  in  the  presence  of  the  President,  that  the  order  for 
the  release  of  Mr.  Hatch  had  gone? — A.  I  do  not  know  that  I  was  talking  witli  tho 
President.  I  do  not  remember  exactly  abont  it,  bnt  I  know  that  was  the  lii'st  informa- 
tion I  had ;  in  speaking  of  it  I  received  the  information  that  an  order  had  gone  for  tho 
release  of  Mr.  Hatch. 

Q.  Yon  testified  before,  that  on  the  :50th  of  May,  yon  told  Mr.  Perry  that  the  Presi- 
dent had  exi)ressed  his  snrjirise  at  the  order  having  gone  1 — A.  Yes,  sir.  I  do  not  say 
that  I  said  this  to  the  President,  tuu"  that  the  information  was  given  to  the  President, 
that  an  order  had  gone  for  Hatcli'a  release. 

These  two  statements  are  glaringly  iuconsisteut  witli  each  other. 
The  latter  proves  conclusively  that  General  Babcock's  account  of  his 
conversation  with  Mr.  Perry  on  May  30  cannot  have  been  correct. 

If  the  Secretary  of  State  some  time  in  March  stated,  in  the  presence 
of  the  President  and  General  Babcock,  that  an  order  had  gone  tor  the 
release  of  Mr.  Hatch,  then  it  is  impossible  that  General  Babcock,  on  the 
30tli  of  May,  should  have  asked  Mr.  Perry  whether  such  an  order  liad 
gone — and  that  too  for  the  reason  that  the  President,  in  whose  presence 
the  Secretary  of  State  had  said  tiiat  lie  had  sent  the  order,  expressed 
his  surprise  at  such  an  order  having  been  sent  so  long  after  that  time, 
that  General  Babcock  should,  on  the  3()th  of  May,  ask  a  ([uestion  to 
ascertain  the  fact.  It  is  not  imaginable  that  the  Secretary  of  State 
should,  in  the  presence  of  the  President,  have  communicated  informa- 
tion of  that  character  to  General  Babcock  without  Gommunicating  it  also 
to  the  President. 

General  Babcock's  account  of  his  conversation  with  Mr.  Perry  on  the 
30th  of  May  is  therefore  utterly  incredible.  It  luis  in  every  respect  the 
appearance  of  a  subterfuge,  resorted  to  in  the  face  of  an  embarrassing 
question. 

We  lia\e  already  called  attention  to  General  Babcock's  own  admission, 
that  when  he  spoke  to  the  President  on  the  Hatch  casi^  he  always  reit- 
erated that  Mr.  Hatch  was  "guilty.'"  It  is  evident  that  he  tried  to  con- 
vey impressions  to  the  President's  mind  unfavorable  to  Mr.  Hatch. 

But  the  President  having  been  informed  in  Marcli  of  the  sending 
the  order  for  the  immediate  release  of  Mr.  Hatch,  and  ha\ing  at  tlu^ 
same  time  directed  General  Babcock  to  discontinue  his  correspondence 
with  Cazneau,  we  are  forced  to  the  conclusion  that  the  President  'did 
not,  at  a  subsequent  period,  express  surprise  and  displeasure  at  the 
order  having  gone  ;  that  the  displeasure  was  General  Babcock's  own  ; 
and  that  he  used  the  President's  name  only  with  tliat  unbecoming  free- 
dom with  which  he  had  previously  used  it  in  the  protocol  preliminary 
to  the  treaty.  Neither  can  we  from  (Jeneral  Babcock's  own  admission 
avoid  the  conclusion  that  all  the  influence  he  used  with  regard  to  the 
Hatch  case  was  invariably  directed  against  the  incarcerated  man,  while 
the  circumstantial  evidence  leaves  but  little  room  for  doubt  as  to  the 
correctness  of  Mr.  Perry's  statements  on  this  subject. 


XLYI  DAVIS    HATCH. 

The  tbllowinjjc  points  we  consider  clearly  established  by  the  evidenctj 
before  ns : 

1.  Mr.  Davis  Hatch,  an  American  citizen  of  irreproachable  character, 
■was  arrested  by  the  Dominican  anthorities  on  the  charge  of  having 
aided  a  party  of  revolutionists.  He  was  tried  by  a  military  commission 
and  sentenced  to  be  shot.  The  record  of  the  trial  shows  that  the  whole 
proceeding  was  a  barbarous  farce. 

2.  Mr.  Hatch  v.as  piirdoned  on  condition  that  he  leave  the  country  by 
a  decree  of  the  Dominican  senate,  officially  published  October  4,  18G9. 

o.  Mr.  Hatch  was,  in  spite  of  that  decree,  kept  in  jnison  until  the 
middle  of  March,  1870. 

4,  President  Baez  and  his  secretary  of  state  Gautier,  the  latter  in  an 
official  note  addressed  to  the  representative  of  the  United  States,  stated 
as  the  reason  for  Mr.  Hatch's  continued  incarceration  after  the  decree 
of  pardon,  that  it  was  feared  he  would  injure  the  annexation  scheme  if 
set  free. 

5.  The  two  comm3rcial  agents  of  the  United  States,  Mr.  Smith  and  Mr. 
Perry,  used  every  means  in  their  power  to  procure  the  release  of  Mr. 
Hatch. 

0.  General  Babcock,  sent  to  San  Domingo  as  the  special  agent  of  this 
government,  and  having  authority  to  give  direction  to  the  war  vessels 
of  the  United  States  in  Dominican  waters  ibr  the  protection  of  the  l>aez 
government  against  foreign  interference,  not  orily  declined  to  speak  a 
single  v.ord  in  favoi-  of  the  release  of  IVIr.  Hatch,  but  also  discouraged 
others  from  doing  so.  Whatever  influence  he  exerted  was  against  Mr. 
Hatch's  release. 

The  circumstantial  evidence  ]ioints  mu(th  further,  but  we  desire  to  ex- 
press no  opinions  about  General  Babcock  except  such  as  are  based  upon 
his  own  testimony  and  letters.  We  cannot  refrain,  however,  from  des- 
ignating his  confidential  relations  with  Mr.  Cazneauas  most  suspi(;ious. 

We  ought  to  add  that  General  Babcock  states  that  he  understood  Mr. 
Hatch  to  be  in  favor  of  annexation.  This  api»ears  to  be  so  from  Mr. 
Hatch's  own  letters,  although  it  is  doubtful  whether  General  Babcock 
knew  it  until  very  recently.  If  this  was  understood  at  San  Domingo 
also,  the  only  explanation  suggesting  itself  of  the  eltbits  mad(^  by  Caz- 
neau,  Biiez,  and  friends,  to  detain  Mr.  Hatch  in  ])rison,  is  that  Mr.  JIatch 
might,  if  at  liberty,  have  interfered  with  ''Jobs"  in  connection  with  the 
treaty. 

The  resolution  of  the  Senate  limiting  this  investigation  to  the  case  of 
Mr.  Hatch,  the  undersigiuMl  refrained  from  pushing  it  bey<»nd  its  legiti- 
mate scope,  except  when  following  up  questions  put  by  other  membern 
of  the  committee. 

As  to  th(*  matter  of  transactions  of  a  corru])t  imture  connected  with 
the  aiHK  xiitidu  scIkmic  the  ccnmiittce  a('(;uii(  d  only  incidental  inlornm- 
tion.  The  evidence  shows  that  a  gnuit  of  land  was  oliV-red  by  Pi'csidenl 
Baez  to  (Jeneral  Babcock  in  tlie  preseiure  of  a  number  of  jtersons  in 
coi;s';d(Tation  of  the,  "  great  kindness''  shown  him  by  Gi'ucral  l>;ibcock 
by  the  i»ni'suit  of  the  Telegr:ifo  and  the  removal  of  Consul  Smith,  and 
that  General  I>id)co(;k  declin<'d,  s;iying  "it  wonld  ruin  the  treaty.** 
(I*.  4!>.)  i\Ir.  Pcjiy  testifies  that  he  Wiis  informed  by  ( /aznean,  ;is  well  as 
linbcock',  f  li;it  r;i/ne:iu  and  r'abcns  had  giciit  interests  on  tlie  isliin(l,and 
that  (Jeneral  I5al)c()ck  and  Geneial  Ingalls  h;id  interests  with  them, 
which  is  denied  by  Babcock  and  Ingalls.  This  is  all  the  evidence  on 
that  point,  and  the  invesligiition,  heinir  instituted  for  the  ])urpose  of 
inquiring  into  the  case  of  ?«lr.  Hiiteh,  (  id  not  go  iurther. 

Ti  ( 1   is  no  evidence,  outsid ft  of  Mr.  llatt^h's  own  statenunts  showing 


DAVIS    HATCH.  XLVII 

the  amount  of  the  damage  and  losses  he  suflered  by  President  Baez's 
troops,  and  in  consequence  of  his  long  in)])risonnient.  It  is  indeed 
stated  that  his  family,  during  his  incarceration  atAzua,  were  compelled 
to  sell  their  homestead  at  Norwalk,  Connecticut,  at  a  heavy  sacrifice. 
Ill  consideration  of  the  treatuKMit  he  received  at  the  hands  of  the  Domin- 
ican government  we  believe,  however,  that  Mr.  Hatch  is  entitled  to 
liberal  compensation. 

"We  cannot  close  this  report  without  declaring  our  most  emphatic  dis- 
sent from  the  ])osition  taken  by  the  majority,  that  the  imprisonment  of 
an  American  citizen  abroad  or  at  home,  on  the  ground  that  he  might  ex- 
ercise an  influence  this  or  that  way  with  regard  to  a  question  of  i)ublic 
interest,  can  be  justified  or  excused  uiuler  any  circumstances.  We  re- 
ject it  as  a  doctrine  utterly  repugnant  to  free  institutions  and  unprece- 
dented in  the  history  of  tliis  rei)ubli(;. 

We  desire  also  to  designate  the  insinuations  contained  in  the  majority 
report,  that  this  investigation  was  instituted  for  the  purposes  of  assail- 
ing the  executive  branch  of  the  government,  as  uncalled  for  aiul  frivo- 
lous. We  should  be  sorry  to  think  that  the  Executive  would  construe 
as  an  attack  a  fair  investigation  into  the  conduct  of  its  agents. 

0.  SCHUKZ. 

O.  S.  FERRY. 

GEORGE  VICKEES. 


Joint  Resolution  introduced  by  Mr.  /Sohiirz^  to  accompany  the  views  of  ilie 

minority. 

JOINT  RESOLUTION  relative  to  the  complaints  of  Davis  Hatch  against  the  Doiniui- 

can  Republic. 

Whereas  Davis  Hatch,  an  American  citizen,  was  unjustly  imprisoned 
by  the  government  of  the  Dominican  Republic  for  a  considerable  period 
of  time,  and,  in  consequence  of  such  imprisonment,  was  subjected  to 
great  inconvenience,  suffering,  and  pecuniary  loss;  and  whereas  the 
treatment  Davis  Hatch  received,  as  this  government  is  ofticiall}''  in- 
formed by  Mr.  M.  M.  Gautier,  secretary  of  state  of  the  Dominican  Repub- 
lic, was  owing  to  the  apprehension  entertained  by  the  Dominican  gov- 
ernment tliat  Davis  Hatch,  if  set  at  liberty,  would  exercise  an  injurious 
influence  with  regard  to  the  treaty  annexing  the  Dominican  Republic 
to  the  United  States;  and  whereas  this  constitutes  a  gross  outrage  on 
Mr.  Hatch  and  an  indignity  to  this  republic:  Therefore, 

Be  it  resolved,  That  the  President  be  requested  to  demand  of  the  gov- 
eriiment  of  the  Dominic.in  Republic  full  reparation  for  the  sufferiugs 
and  losses  of  Davis  Hatch  as  aibresaid. 


TESTIMONY. 


Message  of  the  President  of  the  United  States,  communicating,  tJi  compliance  leith  a  resolution 
of  the  Senate  of  February  21,  1870,  correspondence  relating  to  the  imprisonment  of  Mr.  Davis 
Htxtrh  by  the  Dominican  government. 

To  the  Senate  of  the  United  States  : 

In  answer  to  the  resolution  of  the  Senate  of  the  21st  instant,  directinj^  the  Secretary  of 
State  to  furnish  the  Senate  with  copies  of  all  correspondence  relating  to  the  imprisonment  of 
Mr.  Davis  Hatch  by  the  Dominican  government,  I  transmit  a  report  of  the  Secretary  of 
State  upon  the  subject. 

U.  S.  GRANT. 

Washington,  February  24,  1870. 


Washington,  February  24, 1870. 
The  Secretary  of  State  has  received  a  resolution  of  the  Senate,  of  the  21st  instant,  direct- 
ing: him  to  furnish  the  Senate  with  copies  of  all  correspondence  relating  to  the  imprisonment 
of  Mr.  Davis  Hatch  by  the  Dominican  government,  and  has  the  honor  to  lay  before  the 
President  the  papers  upon  the  subject  mentioned  in  the  subjoined  list. 

HAMILTON  FISH. 
The  President. 


List  of  accompanying  jjapcrs. 

Mr.  Smith  to  Mr.  Fish,  September  4,  ISfiP. 

Mr.  Smith  to  Mr.  Fish,  September  9,  1869. 

Mr.  Smith  to  Mr.  Fish,  October  8,  J 869. 

Mr.  Davis  to  Mr.  Smith,  November  15,  1869. 

Mr.  Perry  to  Mr.  Fish,  November  16,  1869. 

Mr.  Ferry  to  Mr.  Fish,  December  31,  1869. 

Mr.  Hatch  to  Mr.  Ferry,  December  30,  1869. 

Mr.  Hatch  to  Mr.  Fish,  December  30,  1869. 

Mr.  Fish  to  Mr.  Ferry,  January  3,  1870. 

Mr.  Ferry  to  Mr.  Fish,  January  II,  1870. 

Mr.  Hatch  to  Mr.  Ferry,  December  21,  1869. 

Mr.  Fish  to  Mr.  Ferry,  January  12,  1870. 

Mr.  Fish  to  Mr.  Perry,  January  12.  1870. 

Mr.  Ferry  to  Mr.  Fish,  February  2,  1870. 

Mr.  Fish  to  Mr.  Ferry,  February  2,  1870. 

Mr.  Perry  to  Mr.  Fish,  February  8,  1870. 

Mr,  Perry  to  Mr.  Gautier,  February  5,  1870, 

Mr.  Gautier  to  Mr.  Perry,  February  8,  1870. 

A  communication  from  Mr.  Felix  M.  Delmoute,  February  8,  1870, 


Mr.  Smith  to  Mr.  Fish. 

San  Domingo  City,  September  4,  1869. 

Sir:  I  consider  it  my  duty  to  bring  to  the  knowledge  of  the  dep;irtment  the  critical  situ- 
ation of  Mr.  Davis  Hatch,  a  citizen  of  the  United  States,  who,  it  is  reported,  is  under  arrest 
at  Barahoua. 

Mr.  Hatch  came  to  this  country  as  the  agent  of  a  company  consisting  of  Mr.  Augustus 
Scliell,  and  other  men  of  standing  in  the  city  of  New  York,  for  the  purpose  of  working  the 
salt  mountain  of  "  Neyba'"  and  making  a  railroad  to  Earahona  to  facilitate  tlie  shipment  of 
the  salt.  Mr.  Hatch  obtained  the  concession  from  the  S])aui.ih  government,  which  was  con- 
lirmed  by  the  Cabral  administration.  When  Mr.  Baez  returned  to  power  he  sen  for  Mr. 
Hatch,  as  there  had  previously  existed  an  unfriendly  feeling.  Mr.  Hatch  was  brought  by 
force  on  board  a  man-of-war  to  this  capital,  but  on  my  representation  the  difficulty  be- 
tween himself  and  the  President  was  arranged  amicably,  and  Mr.  Hatch  was  allowed  to  re- 
turn to  Barahona.  Some  time  since  Barahona  was  taken  by  the  revolutionary  party,  and 
they  held  it  some  months  ;  it  was  retaken  some  three  weeks  ago,  and  it  was  rumored  that 

S.  Eep.  23.1 -1 


2  DAVIS    HATCH. 

Mr.  Hatch  had  hcen  arrested.  I  called  at  once  on  President  Baez,  who  confirmed  the 
Tumor,  and  said,  tliat  charges  had  been  preferred  against  him,  and  at  my  request  I  tvas  prom 
mised  a  copy  of  said  charges  as  soon  as  received  by  the  government.  Some  two  weeks 
having  elapsed  ^^ithout  my  hearing  further  I  called,  on  the  29th  of  August,  again  on  the 
President,  and  he  informed  me  that  he  had  given  orders  to  send  up  Mr.  Hatch  to  this  city  ; 
but  as  he  has  not  yet  arrived,  I  feel  great  anxiety  as  to  his  actual  position. 

Mr.  Hatch  is  a  highly  respectable  gentleman,  and  as  I  have  not  heard  from  him  for  over 
four  months,  notwithstanding  that  Barahona  is  within  twelve  hours'  sail  of  this  city,  I  deem 
it  my  imperative  duty  to  report  the  afl'airfor  the  consideration  of  my  government. 


Mr.  Smith  to  Air.  Fish. 

San  Domingo,  Scptcmher  9,  1869. 

SiK :  In  mj'  dispatch  Xo.  93  I  have  the  honor  to  inform  yon  of  the  arrest  of  ilr.  Davis 
Hatch  at  Barahona.  I  have  since  received  a  letter  from  Mr.  Hatch,  dated  Azua,  September 
3,  apprising  me  that  he  left  Barahona  by  order  or  the  government,  on  the  28th  August,  un- 
der a  general  order  for  the  evacuation  of  the  town,  and  arrived  at  Azua  by  sea  on  the  29th, 
and  on  landing  was  taken  in  charge  by  three  dragoons,  and  escorted,  throngli  a  drenching 
rain,  to  the  town,  some  three  miles  from  the  landing,  and  was  placed  in  the  comandancia, 
where  he  remained  throughout  the  night  in  his  wet  clothes.  On  the  following  day,  he  re- 
quested to  have  an  interview  with  the  commanding  general,  Kamirez,  a  half-brother  of  the 
President,  as  he  was  sure  he  could  satisfy  him  of  his  being  innocent  of  any  complicity  in  the 
affairs  of  the  government;  he  received  a  message  from  the  general  that  he  onl^'  wanted  to 
take  some  declarations,  which  would  be  done  shortly,  after  which,  he,  Mr.  Hatch,  could  re- 
turn on  board  the  vessel  and  proceed  to  this  city. 

Up  to  the  time  of  writing  me,  on  the  od,  Mr.  Hatch  had  not  heard  anything  further  from 
General  Ramirez  ;  and  being  fearful  that,  from  what  was  taking  place,  he  might  be  tiirown 
in  prison  on  his  arrival  here,  he  begged  me  to  take  some  steps  to  guard  against  such  an  out- 
rage. Ou  reception  of  the  letter  I  immediately  visited  the  President,  and  conversed  tlic  mat- 
ter over.  He  informed  me  that  a  process  had  been  instituted  against  Mr.  Hatch  at  Azua, 
and  that  as  soon  as  the  proceedings  were  completed  I  should  be  furnished  with  a  copy  of  the 
same,  and  that  Mr.  Hatch  would  be  brouglit  here;  and  that  if  the  cliarges  were  not  of  a 
serious  nature,  he  would  not  be  deprived  of  his  liberty. 

I  cannot  communicate  anything  Ihrthcr  until  I  see  Mr.  Hatch,  and  am  acquainted  with  the 
accusations  on  which  he  bus  been  arrested. 


Mr.  Smith  to  Mr.  Fish. 

San  Domingo  Citv,  Ociokr  8, 1869. 

Sir  :  In  mj  dispatch  No.  94  I  informed  the  department  of  the  arrest  of  Mr.  Davis. Hatch, 
a  citizen  of  the  United  States,  at  Barahona,  and  that  he  had  been  talven  to  Azua  for  trial,  on 
charges  of  aiding  the  revolutionary  party.  On  the  12th  ultimo  Mr.  llatcli  was  brought  to 
this  I'ity  in  tlie  schooner  of  war  Alta  Giacia,  and  althotigh  sick  at  the  time  was  locked  tip 
in  prison  and  incommnnicatcd  for  forty-eight  hours.  I  was  present  at  his  examination  by 
the  authorities,  and  in  liis  answers  to  the  interrogatoiies  he  denied  having  ever  in  any  wav 
interfered  in  tlie  revolutionary  struggle  at  present  going  on  in  this  republic.  On  the  IHtli 
ultimo  lie  was  again  placed  on  board  the  Alta  Gracia  and  conveyed  to  Azua,  wliere  he  was 
tried  by  a  court-marlial,  and  on  the  2d  instant  lie  was  condemned  to  be  sliot.  The  Bcntenco 
was  immediately  forwarded,  by  express,  to  the  President,  who  referred  it  to  tlie  "senatus 
consultniii,"  and  that  body  decided  to  pardon  Mr.  Hatch;  and  an  ordt;r  fioiii  tlie  government 
to  that  ellect  was  sent  to  Azua,  and  I  understand  he  is  at  liberty  and  will  receive  his  pass- 
port. 

Mr.  Hatch  informed  me  wliilo  here  that,  on  the  reoccupation  of  Barahona  by  the  govern- 
ment troops,  liis  store  was  twice,  pillaged,  and  wlien  lie  was  compelled  to  leave  he  abandoned 
a  vaiuab)(!  cargo  of  wcod,  prepared  for  sliipment ;  likc^wise  other  projieities  and  effects.  I 
am  promised  by  llie  government  a  copy  ol  the  inoceediiigs,  and  until  I  examine  the  testi- 
mony I  cannot  give  an  opinion.  Mr.  Ilnlcli  assurcil  me  that  liis  accusi-rs  were  iiKiH  of  the 
very  lowest  ordor,  and  not  entitled  to  tlu"  least  crcilit.  As  soon  as  1  am  furnished  with  a  full 
report  of  tlie  trial  I  sliall  forward  it  to  the  departim-nt. 

Mr.  Hatcli  was  certainly  jiluced  in  a  very  emiiar.issing  position  at  Barahona,  as  the  place 
was  occupied  first  ))y  one  parly  and  then  liy  the  other.  The,  Cabralistas  were  in  jxissessiou 
near  three  niontlis,  an<l,  as  iIk;  residence  of  Mr.  Hatch  was  the  only  decent  lionse  in  the  town, 
the  leaders  of  both  belligerent  juirties  occnjned  it  at  their  pleasure,  with  or  without  license. 
Under  such  peculiar  and  compulsory  circumstances,  great  allowance  should  have  been  made, 


DAVIS    HATCH.  3 

and  I  consider  the  death  sentence  a  most  cruel  and  Ixirbarous  stretch  of  power;  it  evinced  a 
determiuatiou  to  punish  Mr.  Hatch  to  the  last  extremity,  and,  if  possible,  to  break  him  down 
physically  and  mentally.  When  it  is  considered  that  Mr.  Hatch  is  (ift^'-seven  years  old, 
and  also  his  respectability  iu  the  United  States,  a  metnber  of  Dr.  Tyng's  church,  (St. 
Georgje's, )  and,  I  believe,  formerly  a  vestryman,  his  sufferings  have  been  enough  to  impair 
both  bodv  and  mind  of  most  men. 


Mr.  Davis  to  Mr.  Smith. 

Washington,  November  15,  18G9. 
Sir  :  Your  dispatch  No.  03,  dated  the  4th  of  September  last,  has  been  received.     The 
department  hopes  that  the  representations  which  have  been  made  to  the  Dominican  govern- 
ment respecting  Mr.  Davis  Hatch  have  been  successful. 


Mr.  Ferrtj  to  Mr.  Fish. 

San  Domingo  Citv,  Noi-rmber  16,  1869. 
Sir:  ******** 

Mr.  Hatch,  the  American  citizen  who  has  been  imprisoned  at  Azua,  I  understand  has  been 
pardoned  on  condition  he  leaves  the  country. 


Mr.  Ferry  to  Mr.  Fish. 

Washington,  December  31,  1869. 
Sir  :  I  have  the  honor  to  inclose  an  application  for  the  intervention  of  our  government  in 
behalf  of  Mr.  Davis  Hatch,  a  citizen  of  the  town  in  which  I  reside.  Though  I  know  nothing 
of  the  particular  transactions  in  which  M'r.  Hatch  is  involved,  I  am  sure,  IVom  my  knowledge 
of  the  man,  that  he  is  not  a  conspirator  on  any  side.  He  is  simply  a  man  of  business, 
attending  to  trade.  I  hope  something  may  be  done  for  him,  and  respectfully  request  speedy 
action. 


Mr.  Hatch  to  Mr.  Ferry. 

South  Norwalk,  Conn.,  December  30,  1869. 

Sir:  Inclosed  with  this  j'ou  will  please  hud  a  paper  asking  of  the  honorable  Secretary  a 
demand  for  the  release  of  my  father,  who  is  now  under  arrest  in  the  island  of  San  Domingo. 
By  patting  this  matter  before  the  proper  persons  or  authorities,  you  will  put  us  under  many 
obligations.  Of  the  circumstances  attending  his  arrest,  sentence,  and  pardon,  we  have  uo 
particulars  from  him,  for  he  is  not  allowed  to  write.  We  have  not  heard  from  him  for  eight 
months. 

Mr.  Smith,  the  ex-consul  of  San  Domingo,  is  now  in  the  States  and  has  with  him  an 
account  of  the  case,  and  he  said  that  he  should  lay  it  before  the  government,  but  we  have 
heard  nothing  of  it  yet.     If  we  can  iiud  him  and  got  the  papers  we  will  send  them  to  you. 

Hoping  that  we  may  meet  with  success,  I  remain  yours,  truly, 

STEPHEN  S.  HATCH. 


Mr.  Hatch  to  Mr.  Fish. 

NorWALK,  Conn.,  December  30,  1869. 

Mr.  Davis  Hatch,  a  resident  of  Norwalk,  Connecticut,  being  imprisoned  and  kept  in  close 

confinement  on  the  island  of  San  Domingo,  by  order  of  Baez,    President  of    the  republic, 

and  being  so  held,  as  we  believe,  without  just  cause  or  provocation,  we  would  respecttully 

ask  that  the  government  of  the  United  States  make  a  demaud  for  his  unconditional  release. 


4  DAVIS    HATCH. 

Mr.  Hatch  vras  arrested  in  August  last,  in  the  district  of  Azua,  and  was  sentenced  hj  a 
court  martial  to  be  executed,  but  for  some  reason  Baez  changed  the  sentence,  and  he  has  been 
kept  in  close  confinement. 

The  reason  tor  arresting  him  was  that  he  assisted  Cabral.  At  the  time  of  the  arrest,  Azua 
had  been  in  the  possession  of  Cabral  for  three  months,  and  Mr,  Hatch's  business  being  in 
that  district  he  could  not  do  otherwise  than  remain  neutral,  as  he  had  done  while  Baez  held 
the  place. 

Yours,  respectfully, 

STEPHEX  S.  HATCH. 


Mr.  Fish  to  Mr.  Ferry. 

Washington,  January  3,  1870. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  31st  ultimo,  with 
two  inclosures  relating  to  Mr.  Davis  Hatch,  who  was  imprisoned  by  order  of  the  government 
of  San  Domingo,  and  to  inform  you  iu  reply  that  Mr.  J.  Somers  Smith,  United  States  com- 
mercial agent  at  San  Domnigo,  reported  to  this  department  on  the  8th  of  October  last  that 
Mr.  Hatch  has  been  tried  by  court-martial  at  Azna,  and  was  condemned  to  be  shot.  The 
sentence  was  immediately  forwarded  by  express  to  the  president,  who  referred  it  to  the 
senatus  consirltum,  and  that  body  decided  to  pardon  Mr.  Hatch,  and  an  order  from  the  gov- 
ernment to  that  effect  was  sent  to  Azua,  and  he  understood  that  Mr.  Hatch  was  at  liberty 
and  would  receive  his  passport.  No  further  information  has  been  received  from  Mr.  Smith. 
Mr.  Perry,  the  successor  of  Mr.  Smith  as  commercial  agent,  states  that  "Mr.  Hatch,  the 
American  citizen  who  has  been  imprisoned  at  Azua,"  had  "  been  pardoned  on  condition  he 
leaves  the  country."  It  is  presumed  that  Mr.  Hatch  has  been  released  and  may  be  en  route 
for  the  United  States. 


Mr.  Ffrry  to  Mr.  Fish. 

Washington,  January  11,  1S70. 

Sir  :  I  have  the  honor  to  inclose  a  letter  from  Mr.  Davis  Hatch,  received  this  morning, 
and  dated  Azua,  San  Domingo,  December  21,  18G9,  from  which  it  appears  that,  at  tlie  said 
date  he  was  still  iu  confinement.  I  am  aware  that  the  present  consular  agent  is  not  friendly 
to  Mr.  Hatch,  being  misled,  as  I  believe,  by  false  representations  of  others,  but  ho  certainly 
ought  to  attend  somewhat  more  promptly  to  the  rights  of  an  American  citizen,  now  admit- 
tedly held  a  prisoner  Avithout  law. 

I  would  be  obliged  to  you  for  a  copy  of  the  record  for  which  Mr.  Davis  Hatch  asked,  and 
for  an  efiicient  order  for  his  release. 


Mr.  Hatch  to  Mr.  Ferry, 

Azua,  December  2^ ,  ISfiO. 

Sir:  Since  writing  yon  on  the  IGth  inst.  I  learn,  to  my  very  great  regret,  that  there  was 
no  steamer  called  at  San  Don)ingo  on  the  9th  to  take  the  mail  to  St.  Thomas  to  meet  the 
Brazilian  steamer  appoiiit<.'d  to  h^ave  there  on  the  13th.  I  presume  tlio  mail  has  been  sent 
to  St.  Thomas  by  a  failing  vessel,  but  as  there  is  no  steamer  from  there  except  on  the  )3th, 
my  letter  to  you  of  the  (illi  must  waitvuniil  then  or  fake  its  chance  from  there  by  sailing 
vessel.  I  regret  this  the  more  as  thrre  scrms  to  be  now  no  hope  of  my  release  until  an  order 
comes  from  the  govcrniiuiit  at  ^^^•lslliIlgtl)ll.  Our  comuiercial  agent  hns  not  rcplii>d  to  eitiier 
of  my  letters,  and  I  know  notliiug  of  liim.  He  has  been  in  tlie  country  now  forty  day». 
His  conduct  is  unaccountable,  and  to  me  it  seems  unpardonable. 

I  forgot  in  my  last  to  recpiest  to  ask  of  the  State  Department  the  record  of  my  trial,  from 
this  government.  I  see  this  was  done  in  many  cases  in  18(3(3,  between  the  British  govern- 
ment and  ours,  ami  never  refused. 

I  cannot  comprehend  the  motive,  fitill  les.i  the  justice,  in  holding  mo  here,  now  nearly 
three  months  since  tliey  were  graciously  pleasc(i  to  coinmuto  my  sentence  to  banishment. 
My  sulVerings  arc  almost  beyond  endurance.  Again,  begging  you  to  intercede  for  mo,  and 
to  demand  my  immediate  reiea.ie,  if  no  order  has  already  been  already  given. 


DAVIS    HATCH.  5 

Mr.  Fish  to  Mr.  Fcrnj. 

Washington,  Januanj  12,  1670. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  11th  instant,  in- 
closing a  letter  from  Mr.  Davis  Hatch,  stating  that  he  is  still  imprisoned  at  Azna,  and  to 
inform  yon  that  an  instruction  lias  been  sent  to-day  to  the  United  States  commercinl  agent 
at  San  Domingo  City  to  use  his  efforts  to  procure  his  release,  and  to  extend  to  him  such 
other  good  offices  as  he  may  be  able  to  exert  in  his  behalf.  No  record  of  the  case  has  been 
received  at  this  department  respecting  the  imprisonment  of  Mr.  Hatch,  but  the  commercial 
agent  has  been  instructed  to  obtain  a  copy  of  it,  and  to  transmit  it  to  the  department  by  the 
first  opportunity. 


Mr.  Fish  to  Mr.  Ferry. 

"VVAsniN(;TON,  January  12,  1670. 
Sir:  Representations  having  been  made  to  the  department  that  Mr.  Davis  Hatch,  an 
American  citizen,  who  had  been  imprisoned  and  condemned  to  be  shot  by  the  Dominican 
authorities,  but  who  was  afterward  pardoned  on  condition  that  he  would  leave  the  country, 
is  still  in  prison  at  Azua,  you  are  instructed  to  use  your  efforts  to  procure  his  release,  and 
to  extend  to  him  such  other  good  offices  as  you  can  exert  in  his  behalf.  You  will  please 
obtain  a  copy  of  the  process  against  him  and  forward  it  to  this  department  by  the  first 
opportunity. 


Mr.  Ferry  to  Mr.  Fish. 

Washington,  February  2,  1 870. 
Sir  :  I  have  the  honor  to  request  a  duplicate  of  the  last  order  issued  from  the  State  Depart- 
ment for  the  release  of  Mr.  Davis  Hatch,  a  citizen  of  Connecticut,  now  imprisoned  at  San 
Domingo.     I  wish  to  send  a  special  messenger  to  San  Domingo  with  this  duplicate,  a  course 
which  I  believe  to  be  necessaiy  to  secure  the  release  of  Mr.  Hatch. 


Mr.  Fish  to  Mr.  Ferrii. 

Washington,  February  2,  1870. 
Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  this  date,  and  in  com- 
phance  with  your  request  I  transmit  herewith  a  certified  copy  of  the  instructions  to  Mr. 
Raymond  H.  Perry,  United  States  commercial  agent  at  San  Domingo,  dated  January  12, 
1870,  respecting  the  imprisonment  of  Mr.  Davis  Hatch. 


Mr.  Perry  to  Mr.  Fish. 

San  Domingo  City,  February  8,  1870, 
Sir:  Your  communications  of  January  7,  October  28,  December  11,  January  1.5,  and 
January  12,  arrived  by  the  Tybee  on  the  .5th  of  this  month.  She  leaves  for  New  York 
to-morrow  at  7  a.  m.  The  communications  relating  to  Davis  Hatch,  now  confined  at  Azua, 
have  been  attended  to.  I  wrote  M.  M.  Gautier,  the  secretary  of  state,  and  he  replied  in  a 
very  unsatisfactory  manner  ;  a  copy  of  both  communications  I  inclose  to  3'ou.  He  also  sent 
a  copy  of  the  process  against  Hatch,  but  it  arrived  too  late  this  evening  for  me  to  send  a 
translation  by  this  mail.  I  have  requested  the  release  of  Mr.  Hatch  several  times  since  my 
arrival,  and  the  government  promised  to  comply  with  my  request,  but  they  have  kept  their 
word  no  better  in  this  matter  than  in  many  others. 


Mr.  Perry  to  Mr.  Gautier. 

San  Domingo  City,  February  5,  1870. 
Sir  :  I  have  several  times  verbally  requested  the  release  of  Mr.  Hatch,  the  American 
citizen  now  confined  at  Azua.     I  have  this  day  received  a  communication  from  the  Depart- 


6  DAVIS    HATCH. 

ment  of  State  at  Washington,  (a  copy  of  which  I  inclose  to  you,)  in  regard  to  this  matter, 
and  it  requests  me  to  use  my  efforts  to  obtain  his  release.  I  am  also  ordered  to  send  to 
Washington  by  the  first  opportunity  a  copy  of  the  process  against  him.  Will  you  furnish 
me  with  it  ?  I  must  reply  to  the  communication  I  have  received  by  the  steamer  Tybee. 
Will  you  please  inform  me  at  once  what  your  intentions  are  in  regard  to  Mr,  Davis  Hatch  ? 


[Translation.] 
Mr.  Gautier  to  Mr.  Perry. 

San  Domingo,  February  8,  1870. 

Sir  :  I  have  received  your  communication  of  the  5th  instant,  in  answer  to  which  I  inclose 
the  process  concerning  the  cause  of  Mr.  Davis  Hatch.  At  the  same  time  I  must  inform  you 
that  the  government  will  occupy  itself  about  the  solicitude  which  you  have  shown  in  regard 
to  the  said  Mr.  Hatch  ;  said  solicitude  has  not  been  resolved  of  ere  this  on  account  of  the 
reasons  which  we  have  explained  to  you  in  difterent  times. 

I  take  this  opportunity  to  renew  the  sentiments  of  my  most  distinguished  considenition. 


A  communication  from  Mr.  Felix  M.  Dclmonte. 

*«  »  *■***-'*# 

It  is  said  that  the  salt  mine  in  the  commune  of  Neyba  belongs  to  a  North  American  citizen, 
and  that  he  was  robbed  of  his  rightful  property  by  the  caprice  of  President  Baez ;  but  any 
one  who  has  been  in  San  Domingo  knows  perfectly  well  the  history  of  that  salt  mine,  and 
knows  the  Cerrero  family,  who  are  its  principal  owners,  by  authentic  titles  and  royal  grants 
more  than  a  century  old.  The  salt  pits,  according  to  the  Spanish  laws,  belong,  as  do  the 
mines,  to  the  Crown  ;  but  the  government  of  Spain  at  that  time  offered  the  salt  mountain  of 
Neyba  at  public  sale,  and  gave  a  deed  to  the  representatives  of  the  Cerrero  family,  as  the 
highest  bidders  at  the  sale,  giving  its  royal  title-deed,  which  original  dociunent  is  still  pre- 
served, notwithstanding  the  length  of  time  whicli  has  elapsed  since  it  was  given.  Since 
then,  neither  could  the  Spanish  government  dispose  of  the  salt  mine,  nor  could  the  succeed- 
ing governments  of  the  country,  as  moral  beings,  responsible  for  the  acts  of  their  predeces- 
sors ;  thus  it  was,  that  during  twenty-two  years  of  Haytien  domination,  and  notwithstanding 
the  law  of  July  8,  1824,  which  strip])ed  the  citizens  of  a  great  portion  of  their  property,  and  , 
notwithstanding  the  laws  of  that  state,  the  family  in  question  retained  the  exclusive  owner- 
ship (jf  the  .salt  mountain  wliicii  is  now  supposed  to  belong  to  a  North  American  citizen. 

Thus  passed  years  and  governments  ;  but  in  spitt;  of  the  indisputable  ownership  and  the 
immemorial  possession,  in  spite  of  that  sacred  law  of  continuity,  the  government  of  Cabral 
awarded  said  mine  to  Mr.  Davis  Hatch,  as  a  privilege  granted  to  its  discoverer,  a  gro.ss  subter- 
fuge, whereby  it  was  sought  to  cover  up  a  scandalous  spoliation,  since  the  salt  mine  had  been 
discovered  at  the  time  of  the  concjuest  of  the  islaud,  and  the  inhabitants  had  worked  it  with 
the  permission  of  its  owners,  and  since  the  sovereign,  to  whom  it  belonged  as  a  prerogative 
of  tiio  Crown,  had  sold  it  forever  and  unconditionally  many  years  before  Mr.  Hatch  could 
have  come  into  the  world,  much  less  to  Nciba,  to  see  the  mountain  whose  wealth  he  claimed 
to  have  discovered. 

Tli(^  opposition  jounuils  should  give  fair  play  ;  thoy  must  understand  that  the  Dominican 
Republic  ol)(!ys  tin;  laws  which  govern  enliglitenoii  countries  ;  that  it  is  no  longer  in  those 
primitive  times  wlicn  the  first  occupant  aciiuir-'fl  a  valid  title  by  long  possession,  or  when 
I)ro])erty  was  acquired  simply  by  force.  Tliey  must  know  that,  poor  as  is  our  repulilic,  and 
little  known  as  she  has  hitliorto  been,  she  is  accjuaiiited  willi  tiie  eternal  i)riiHiples  which 
.support  and  give  life  to  states. 

\n  view  of  tlie  above,  the  grant  made  by  Cal)ral  to  Mr.  Hatch  cinild  not  remain  valid,  as 
well  because  the  sale  or  frrtint  of  the  j>ro/irrli)  of  another  i.s  void  in  law  as  because  the  asser- 
tion tliut  Hall h  had  disrorvrcil  a  iiiiur.  trorked  by  the  paldic  for  the  space  of  three  centuries  and 
a  half,  Ijesides  lieing  false,  was  ridiculous. 

Tresidcnt  iiaez,  r(!si)e<-ting  the  |)roperly  of  the  Cerrero  family,  nevertlieli!s,s  ofl'ered  tlie 
railway  grant  iVom  Neyba  to  ]>araiiona,  placing  at  the  disposal  of  tlie  coinj)any  the  lands 
belonging  to  liiiii,  through  which  the  railway  iiad  to  pass;  wiiile  the  owikms  of  tho  salt 
mine  are  disposed  to  eutir  into  private  arrangements  with  the  builders  of  tlie  road. 

This  is  the  history  of  this  so-calle(]  Hpoliiition  ;  but  what  is  very  evident  is  that  Mr. 
Hatch,  full  of  rancor  on  account  of  what  had  liap|i(uied,  availed  himself  of  certain  persons 
ill  order  to  obtain  iiermission  from  the  governinent  to  remain  in  those,  places  agitated  by 
the  Haytien  faction,  and  this  jiermission  having  been  ol)laiiied,  lu!  re])aid  the  kindness  of 
tlic  government  by  the  most  criminal  conduct.  JIo  convert(Ml  his  house  into  an  inn,  which 
was  the  depot  and  arsenal  of  the  faction  ;  there  bullets  were  cast  and  cartridges  manu- 


DAVIS    HATCH.  7 

facta  red ;  lie  Hhieklcd  witli  bis  name  the  pvoperty  of  the  enemy  ;  he  grave,  as  a  revolution- 
ary authority,  bills  of  health  to  vessels  which  were  smuf^orling  in  articles  of  commerce  and 
munitions  of  war ;  and  he  furnished  supplies  to  those  wlio  were  carrying'  on  hostilities 
against  our  troops.  Havinj^  been  taken  in  the  act,  and  brought  to  trial  in  due  form  of  law, 
Lo  was  condemned  to  be  executed,  but  pardoned  by  the  executive  power,  which  did  not 
assume  the  responsibility  of  immediately  restoring  him  his  liberty,  but  which  will  be  even 
more  generous  toward  him,  when  the  circumstances  shall  no  longer  exist  under  which  lie 
can  do  mischief.  The  report*  of  the  trial  sent  to  Washington  will  demonstrate  the  truth 
of  this  statement. 


Message  of  the  President  of  the  United  States  commu,nir,ntins ,  in  compliance  with  a  resolu- 
tion of  tht  Semite  of  April  26,  1S70,  copies  of  certain  dispatches  of  J.  Somers  Smith,  esq., 
late  commercial  agent  of  the.  United  States  at  San  Domingo,  to  the  State  Department,  in  re- 
lation to  the  imprisonment  of  Davis  Hatch,  by  the  Dominican  government. 

To  the  Senate  of  the  United  States  : 

In  answer  to  the  resolution  of  the  Senate  of  the  26th  ultimo,  I  transmit  a  report  from  the 
Secretary  of  State,  and  the  papers  by  which  it  was  accompanied. 

U.  S.  GRANT. 

Washington,  Maij  6,  1870. 


Washington,  May  0,  1870, 
The  Secretary  of  State,  to  whom  was  referred  the  resolution  of  the  Senate  of  the  'J6th  ultimo, 
requesting  the  President,  "if  not  incompatible  with  the  public  interests,  to  transmit  to  the  Sen- 
ate full  and  entire  copies  of  the  following  dispatches  of  J,  Somers  Smith,  esq.,  late  commercial 
agent  of  the  United  States  at  San  Domingo,  to  the  State  Department,  portions  of  which 
dispatches  were  transmitted  to  the  Senate  ou  the  24th  day  of  February,  1870,  in  compliance 
■with  a  resolution  of  the  Senate  of  February  21, 1870,  namely:  dispatch  dated  San  Domin- 
go City,  September  4,  1869;  dispatch  dated  San  Domingo  City,  September  9,  18i39;  dis- 
patch dated  San  Domingo  City,  October  8,  1869,"  has  the  honor  to  lay  before  the  President 
the  papers  mentioned  in  the  resolution. 

HAMILTON  FISH. 
The  President. 


Mr.   Smith  to  Mr.  Fish. 

No.  93.]  San  Domingo  City, 

September  4,  1869. 

Snt:  I  consider  it  my  duty  to  bring  to  the  knowledge  of  the  department  the  critical  situ- 
ation of  Mr.  Davis  Hatch,  a  citizen  of  the  United  States,  who,  it  is  reported,  is  under  arrest 
at  Barahona. 

Mr.  Hatch  came  to  this  country  as  the  agent  of  a  company  consisting  of  Mr.  Augustus 
Schell,  and  other  men  of  standing  in  the  city  of  New  York,  for  the  purpose  of  working  the 
salt  mountain  of  Neyba,  and  making  a  railroad  to  Barahona,  to  facilitate  the  shipment  of  the 
salt.  Mr.  Hatch  obtained  the  concession  from  the  Spanish  government,  which  was  con- 
firmed by  the  Cabral  administration.  When  Mr.  Baez  returned  to  power  he  sent  for  Mr. 
Hatch,  as  there  had  previously  existed  an  unfriendly  feeling.  Mr.  Hatch  was  brought  by 
force  on  board  a  man  of-war  to  this  capital ;  but,  on  my  representation,  the  difficulty 
between  himself  and  the  President  was  arranged  amicably,  and  Mr.  Hatch  was  allowed  to 
return  to  Barahona.  Some  time  since,  Barahona  was  taken  by  the  revolutionary  party, 
and  they  held  it  some  months;  it  was  retaken  some  three  weeks  ago,  and  it  was  rumored 
that  Mr.  Hatch  had  been  arrested.  I  called  at  once  on  President  Baez,  who  contirmed  the 
rumor,  and  said  that  charges  had  been  preferred  against  him,  and,  at  my  request,  I  was 
promised  a  copy  of  said  charges  as  soon  as  received  by  the  government. 

Some  two  weeks  having  elapsed  without  my  hearing  further  I  called,  on  the  29th  August, 
again  on  the  President,  and  he  informed  me  that  he  had  given  orders  to  send  up  Mr.  Hatch 
to  this  city ;  but  as  he  has  not  yet  arrived,  I  feel  great  anxiety  as  to  his  actual  position. 

On  the  olst  ultimo  the  United  States  ship  Tuscarora  arrived  from  Key  West,  when  Com- 
mander Queen  called  on  me.  I  handed  him  a  memorandum  regarding  Mr.  Hatch,  and  ex- 
pressed my  desire  that  he  would  proceed  to  Barahona,'  see  Mr.  Hatch,  and  learn  the  particulars 

*  This  report  has  not  yet  been  received. 


8  DAVIS    HATCH. 

of  his  case.  The  commander  informed  ine  that,  notwithstanding  his  willingness  to  comply 
with  mv  request,  he  was  powerless  to  act  in  the  matter,  as  his  instructions  placed  the  ship 
at  the  disposal  of  General  Babcock.  On  my  communicating  with  General  Babcock,  he  did 
not  seem  disposed  to  co-operate,  appearing  not  to  regard  the  case  iu  as  serious  a  light  as  I 
do,  from  my  knowledge  of  the  Dominican  character. 

It  is  unfortunate  for  Mr.  Hatch  that  since  General  Babcock  has  been  in  this  country  he 
has  been  in  close  companionship  with  Mr.  Cazneau,  who  is  an  enemy  of  Mr.  Hatch  ;  as  he, 
Mr. Hatch,  fui^nished  the  information  which  caused  the  rejection  of  Cazneau  by  the  Senate, 
some  three  years  ago,  when  his  name  was  sent  iu  for  a  position  in  this  country. 

The  captain  and  officers  of  the  Tuscarora  were  introduced  to  the  President  by  General 
Babcock.  I  was  not  invited  to  accompany  them,  which  appeared  to  me  as  a  want  of  cour- 
tesy on  the  part  of  the  general. 

Mr.  Hatch  is  a  highly  respectable  gentleman,  and  as  I  have  not  heard  from  him  for  over 
four  months,  notwithstanding  that  Barahona  is  within  ticelre  hours'  sail  of  this  city,  I  deem 
it  my  imperative  duty  to  report  the  affair  for  the  consideration  of  my  government. 

P.  S. — Commander  Queen  reported  to  the  undersigned  the  death  of  William  Smith  Hud- 
dell,  acting  assistant  paymaster  of  the  Tuscarora,  on  the  passage  from  Key  West  to  this  port. 
Mr.  Huddell  was  a  nephew  of  the  undersigned. 


Mr.  Smith  to  Mr.  Fish. 

No.  94.]  San  Domingo, 

September  9,  1869, 

Sir  :  In  my  dispatch  No.  93  I  had  the  honor  to  inform  you  of  the  arrest  of  Mr.  Davis 
Hatch  at  Barahona.  I  have  since  received  a  letter  from  Mr.  Hatch,  dated  Azua,  September 
3,  apprising  me  that  he  left  Barahona,  by  order  of  the  government,  on  the  28th  August,  under 
a  general  order  for  the  etacuatuin  of  the  town,  and  arrived  at  Azua,  by  sea,  on  the  29tli,  and 
on  landing  was  taken  in  charge  by  three  dragoons,  and  escorted,  through  a  drenching  rain, 
to  the  town,  some  three  miles  from  the  landing,  and  placed  in  the  coiiwiandnncia,  where  ho 
remained  throughout  the  night  in  his  wet  clothes. 

On  the  following  day  lie  requested  to  have  an  interview  with  tlie  commanding  general.) 
Ramirez,  a  half-brother  of  the  President's,  as  ho  was  sure  he  could  satisfy  him  of  his  being 
innocent  of  any  complicity  in  the  affairs  of  the  government.  He  received  a  message  from 
the  general  that  he  only  wanted  to  take  some  declarations,  which  would  be  done  shortly, 
after  which  he,  Mr.  Hatch,  could  return  on  board  tiie  vessel  and  proceed  to  this  city. 

Up  to  the  time  of  writing  me,  on  the  3d,  Mr.  Hatch  hud  not  heard  anything  further 
from  General  liamirez,  and  being  fearful  that,  from  what  was  taking  place,  he  miglit  bo 
thrown  in  prison  on  his  arrival  here,  he  begged  me  to  take  some  steps  to  guard  against  such 
an  outrage. 

On  reception  of  the  letter,  I  immediately  visited  the  President  and  conversed  the  matter 
over ;  he  informed  me  that  a  process  had  been  instituted  against  Mr.  Hatch  at  Azua,  and 
that  as  soon  as  the  proceedings  were  couijileted  I  should  bo  furnished  with  a  copy  of  the 
same,  and  that  Mr.  Hatch  would  be  brought  here  ;  and  that,  if  the  charges  were  not  of  a 
serious  nature,  he  would  not  be  deprived  of  his  liberty. 

I  cannot  communicate  anything  further  until  I  see  Mr.  Hutch,  and  am  acquainted  with 
the  accusations  ()n  which  he  has  been  arrested. 

I  have  been  iiifoniied,  on  rdialilc  aiulioritij,  that  General  Salccdo  returned  to  Aaua  on  the 
3d  iuntant,  with  the  remnant  of  the  column  with  which  ho  marched  for  San  Juan,  having 
lost  many  men,  purticuturly  ])y  desertion  ;  almost  all  the  troops  friun  the  north  side  availed 
themselves  of  the  confusion  of  the  retreat  and  ran  away.  A  vessel  was  disiiatchcd  for  A/ua 
last  night  wilh  arms  and  provisions.  The  government  have  not  publisheu  anything  since 
the  account  ol  tbo  battle  a  fortnight  ago.  (Jabral  is  reported  iu  strong  force  aud  well  sup- 
plied. 


Mr.  Smith  to  Mr.  Fish. 

No.  96.]  San  Dominoo  Citv,  OrtohcrS,  1869. 

SiK  :  In  my  dispatch  No.  91  I  informed  the  department  of  the  arrest  of  Mr.  Davis  Hatch, 
a  citizen  of  tiie  United  Staffs,  at  I5aralnina,  and  that  In-  had  been  taken  to  Azua  for  trial,  on 
charges  of  aiding  tlie  revolutionary  parly.  On  the  I'JIh  ultimo  Mr.  Jfatch  was  brought  to 
this  (;ity  in  the  scliootier  of  war  Alta  Gracia,  and,  although  sick  at  the  time,  was  locked  up 
in  prison,  and  inrommuniratid  for  forty-eight  liours.  I  was  pn-sent  at  his  examination  by 
tlie  authorities,  and  in  his  answers  to  the  interrogatories  lie  denied  having  ever  iu  any  way 
interfered  in  the  revolutionary  struggle,  at  present  going  on  in  this  republic.  On  the  18th 
ultimo  ho  was  again  placed  on  board  tWo  Alta  Gracia  and  conveyed  to  Azua,  whore  hc4ias 
been  tried  by  a  court-martial,  and  on  the  2d  instant  he  was  condemned  to  be  shot;  tho 


DAVIS    HATCH.  9 

sentence  was  immediately  forwarded  by  express  to  the  President,  who  referred  it  to 
the  senatus  consultum,  and  that  body  decided  to  jiardoii  Mr.  Hatch,  and  an  order  from  tlie 
government  to  that  effect  was  sent  to  Azua,  and  I  understand  ho  is  at  liberty  and  will 
receive  his  passport. 

Mr.  Hatch  informed  me  while  here  that,  on  the  reoccnpation  of  Barahona  by  the  govern- 
ment troops,  his  store  was  twice  pillaged,  and  when  he  was  compelled  to  leave  he  abandoned 
a  valuable  cargo  of  wood,  prepared  for  shipment;  likewise  other  properties  and  effects. 

I  am  promised  by  the  government  a  copy  of  the  proceedings,  and  until  I  examine  the 
testimony  I  cannot  give  an  opinion.  Mr.  Hatch  assured  me  that  his  accusers  were  men  of 
the  very  lowest  order,  and  not  entitled  to  the  least  credit ;  as  soon  as  I  am  furnished  with  a 
full  report  of  the  trial,  I  shall  forward  it  to  the  department. 

Mr.  Hatch  was  certainly  placed  in  a  very  embarrassing  position  at  Barahona,  as  the  place 
Avas  occupied  first  by  one  party  and  then  by  the  other ;  the  Cabralistas  were  in  possession 
near  three  months,  and  as  the  residence  of  Mr.  Hatch  was  the  only  decent  house  in  the  town, 
the  leaders  of  both  belligerent  parties  occupied  it  at  their  pleasure,  with  or  without  license. 
Under  such  peculiar  and  compulsory  circumstances,  great  allowances  should  have  been  made, 
and  I  con.sider  the  death  sentence  a  most  cruel  and  barbarous  stretch  of  power;  it  evinced  a 
determination  to  punish  Mr.  Hatch  to  the  last  extremity,  and,  if  possible,  to  break  him  down 
physically  and  mentally.  When  it  is  considered  that  Mr.  Hatch  is  fifty-seven  years  old,  and 
also  his  respectability  in  the  United  States,  a  member  of  Dr.  Tyng's  church,  (St.  George's,) 
and,  I  believe,  formerly  a  vestryman,  his  sufterings  have  been  enough  to  impair  both  body 
and  mind  of  most  men. 

On  the  return  of  the  Tuscarora  from  Tortola,  Captain  Queen  told  me  that  there  was  no 
necessity  in  my  taking  any  steps  to  assist  Mr.  Hatch,  as  General  Babcock  had  carried  to 
President  Grant,  in  black  and  white,  proofs  of  his  guilt.  I  replied  to  Captain  Queen  that  I 
disregarded  all  ex  parte  statement.?,  and  should  investigate  the  affair  when  the  testimony  was 
submitted.  I  cannot  but  express  my  reprobation  at  the  interference  of  certain  Americans  in 
using  their  influence  to  place  in  jeopardy  the  life  of  a  fellow-countryman;  national  feeling,s 
alone  would  induce  most  men  to  stand  by  him,  and  if  they  could  not  assist  or  extricate  him 
from  a  grave  dilemma,  to  at  least  abstain,  both  in  word  and  deed,  from  participating  with 
his  enemies,  or  contributing  in  any  way  whatever  to  prejudge  his  case.  Had  Captain  Queen 
been  untrammeled  on  his  arrival  in  the  Tuscarora,  I  would  have  called  with  him  formally 
on  the  President,  and  I  am  confident  that  on  our  joint  representation  the  process  against 
Mr.  Hatch  would  have  been  discontinued,  and  he  would  only  have  been  requested  to  leave 
the  country.  Thus  the  ignominy  wliich  has  been  cast  on  him  would  have  been  avoided; 
but  the  Tuscarora  was  under  the  orders  of  General  Babcock. 


Additional  payers  in  the  case  of  Davis  Hatch,  an  American  citizen  imprisoned  by  the  Dominican 
government  at  Azua,  San  Domingo. 

Letter  from  J.  Somers  Smith  to  Hon.  O.  S.  Ferry. 

TOMKINSVILLE,  Staten  ISLAND,  March  11,  1870. 
I  am  informed  by  Mr.  S.  C.  Southmayd,  brother-in-law  of  Mr.  Davis  Hatch,  that  you 
wish  to  communicate  with  me  in  reference  to  the  affairs  of  Mr.  Hatch,  which  I  notice  you 
have  brought  before  the  Senate.  From  the  letters  I  have  recently  receif'ed  from  Mr.  Hatch 
I  conclude  he  has  fully  acquainted  you  with  his  case.  Should  you,  however,  think  it 
necessary  I  can  send  you  his  correspondence  with  me,  from  the  last  of  August  to  the  month 
of  November,  which  gives  tlie  entire  detail  of  the  unjust  and  outrageous  treatment  and  per- 
secution he  has  experienced  from  Mr.  Baez's  government.  In  my  correspondence  with  the 
Department  of  State  I  fully  informed  Mr.  Fish  of  all  the  particulars  relating  to  the  arrest, 
trial,  and  sentence  of  Mr.  Hatch,  and  I  respectfully  suggest  that  my  dispatches  for  the 
months  of  September  and  October  should  bo  called  for  by  the  committee.  I  wrote  several 
dispatches  on  the  subject  and  animadverted  severely  on  the  conduct  of  Mr.  Baez,  and  a 
clique  of  American  speculators,  who  had  predetermined  to  sacrifice  Mr.  Hatch,  actuated  by 
personal  malice,  and  a  desire  to  get  rid  of  Mr.  Hatch,  who  they  feared  might  defeat  the 
gigantic  speculations  they  are  all  concerned  in.  On  my  visit  to  Washington  in  December 
last  I  called  the  attention  of  Mr.  Davis,  the  Assistant  Secretary  of  State,  to  the  matter,  and, 
as  Admiral  Porter  was  personally  acquainted  with  Mr.  Hatch  in  San  Domingo,  I  called  on 
him,  thinking  his  influence  important,  and  at  his  request  I  wrote  out  a  brief  statement  of  the 
case,  and  loft  the  letters  addressed  to  me  by  Mr.  Hatch,  which  were  in  the  hands  of  the 
admiral  for  a  month,  when,  at  my  request,  they  were  returned.  When  the  sentence  of  Mr. 
Hatch  was  commuted  to  banishment  I  immediately  called  on  Mr.  Felix  Delmonte,  minis- 
ter of  justice,  and  a  leading  member  of  Baez's  cabinet,  and  inquired  when  Mr.  Hatch  would 
be  set  at  liberty.  He  replied  that  Mr.  Hatch  was  doubtless  released  at  once,  on  the  receipt 
of  the  sentence  being  commuted  ;  but  it  did  not  suit  Mr.  Baez  and  his  American  friends 
that  Mr.  Hatch  should  be  at  liberty  pending  the  negotiations  on  which  their  speculations 
depended,   and  he  has,  consequently,   been  detained.     My  last  letter  from  Mr.  Hatch  is 


10  DAVIS    HATCH. 

dated  February  4.     He  was  still  iu  prison,  beiug  four  mouths  after  his  sentence  was  com- 
muted to  banishment. 

The  case  of  Mr.  Hatch  is  a  very  grave  one,  and  calls  loudly  for  the  interference  of  our 
gfoveruuient ;  otherwise  the  rig-hts  and  lives  of  American  citizens  will  hereafter  be  let't  to  the 
mercy  of  any  petty  tyrant  who  happens  to  be  at  the  head  of  an  irresponsible  government. 
I  shall  be  happy  to  give  you  all  the  information  in  my  power  on  the  subject. 
I  am,  sir,  with  high  respect,  your  obedient  servant, 

JNO.  SOMERS  SMITH. 


Letter  of  John  Somers  Smith,   United  States  consular  agent  at  Snyi  Domingo,  to  Hon.  0.  S. 

Ferry. 

TOMPKINSVILLE,  STATEN  ISLAND,  ITrtrc/t  19,1870. 
Dear  Sir:  I  ba%'e  the  honor  to  acknowledge  the  reception  of  your  letter  of  13th;  the 
printed  papers  (report  of  Secretary  Fish  iu  case  of  Mr.  Hatch)  only  reached  me  this  morn- 
ing, and  I  hasten  to  reply.  I  transmit  herewith  Mr.  Hatch's  correspondence.  Mr.  Hatch 
proceeded  to  San  Domingo  some  five  years  ago,  as  agent  for  a  company  of  New  York,  for 
the  purpose  of  working  the  salt  miles  at  Neyba ;  he  obtained  a  coucesssion  from  the  Span- 
ish government,  being  at  that  time  in  possession  of  the  country  ;  shortly  after  the  Spaniards 
left,  and  Mr.  Baez  coming  into  power  declined  to  ratify  the  Spanish  grants  ;  after  four 
months'  occupation  Baez  was  expelled,  and  soon  after  General  Cabral  was  elected  president 
by  the  popular  vote  of  the  country;  his  government  was  acknowledged  by  the  United 
States,  and  a  treaty  was  concluded  between  the  two  countries.  General  Cabral's  govern- 
ment renewed  and  confirmed  the  grants  for  the  salt  mines  conceded  by  Spain  to  Hatch. 
After  some  eighteen  months  a  revolution  broke  out  in  favor  of  Baez,  and  the  Cabral  govern- 
nient.was  overthrown.  In  the  spring  of  1869  Barahona  (where  Mr.  Hatch  resided)  was 
taken  by  the  foi'ces  of  General  Cabral,  and  remained  in  their  possession  until  the  last  of 
August,  when  they  retired  and  the  Baez  troops  returned  to  the  town.  Mr.  Hatch  was  then 
at  once  arrested.  The  letters  from  September  3  to  November  7  give  a  history  of  his  entire 
case.  On  examining  the  correspondence  submitted  to  the  Senate  I  ol)serve  that  important 
portions  of  my  dispatches,  that  contained  what  I  believed  to  be  the  private  motives  that  led  to 
the  persecution  of  Mr.  Hatch,  have  been  omitted.  Mr.  Delmonte's  specious  statement  is 
entirely  erroneous;  the  .grants  were  made  originally  by  the  Spanish  authorities,  and  not  by 
Cabral:  the  latter  renewed  them,  and  I  think  there  was  a  clause  to  indemnify  the  owners 
of  the  property,  the  amount  to  be  determined  by  the  government.  As  to  Mr.  Hatch's 
house  being  au  inn,  it  is  false,  as  the  generals  on  both  sides  occupied  it,  nolens  rolejis, 
at  their  own  pleasure.  As  the  subject  is  fully  ex])!ained  in  Hatch's  correspondence,  I  hope 
this  statement  will  be  sufficient.  In  conclusion,  1  can  only  say  that  the  treatment  of  Mr. 
Hatch  has  be«n  atrocious.  I  am  entirely  convinced  of  Ins  entire  innocence  of  any  com- 
plicity against  the  Baez  government,  and  I  have  no  objection  to  the  publication  of  this 
entire  correspondence. 

I  am,  dear  sir,  with  great  respect,  your  obedient  servant, 

JOHN  SOMERS  SMITH. 


•  Daris  Hatch  to  J.  Somrrs  Smith. 

A'/UA,  September  3,  1809. 
My  Dear  Mr.  S.mith  :  I  left  Barahona  on  the  28th  ultimo,  by  order  of  the  government, 
under  a  general  order  of  the  evacuation  of  the  town,  and  arrived  here  on  tlio  29tli.  The 
morning  after  our  arrival  here  I  was  told  that  an  Italian  and  myself  were  to  remain  on 
hoard  wltli  ourelfects,  and  prol)ably  proceed  to  San  Domingo  in  the  same  vessel,  Alta  Gracia. 
All  the  otherH  were  landed  with  llieir  effects.  Just  after  dark  the  same  day  a  peremptory 
order  came  from  town  to  send  me  tlu^re  immediately.  I  went  on  siiore  at  once,  as  I  stood, 
and  found  three  dragoons  to  take  charge  of  me.  IFp  to  this  time  I  had  liad  no  intimation 
that  I  was  under  arrest,  or  tiiat  an}'  charges  had  been  pn^ferred  against  me.  Soon  alter  we 
.•started  it  CDiiinienced  raining,  and  when  I  reacheil  town  1  was  completely  dronclied.  I  was 
taken  to  tlie  W)minan<lancia,  wiiere  I  remained  tlirougii  tiie  niglit  in  my  wet  clothes.  A 
friend  hearing  of  my  arrival  sent  me  a  hammock  and  sheet,  or  I  should  have  been  obliged 
to  lay  on  the  floor  or  sit  in  a  chair  all  niglit.  At  nine  o'clock  the  next  morning  a  friend 
called  U))iin  me  and  offered  liis  services.  I  tohl  him  that  I  did  not  know  wiiat  I  had  been 
arrested  for;  that  I  should  like  to  liave  an  interview  witii  (mineral  Valentiii(\  (one  of  Baez's 
officers,)  when  I  was  sure  I  could  satisfy  him  that  I  was  entirely  innocent  of  any  complicity 
in  the  altairs  of  tlie  governnuMit.  H(i  w(Mit  at  once,  to  (Jeneral  Valentine,  and  soon  r(«lnrnod 
witli  a  nl(^ssage  that  lieofily  wanted  to  take  some  di^clarations,  which  would  be  done  shortly, 
after  which  I  could  return  on  board  and  proceed  to  the  ca])ital,  and  that  he  wouM  call  and 
860  me.  Up  to  this  time  I  hav(^  heard  notiilng  fui  tlier,  nor  received  tlie  promised  visit,  from 
General  ValrMitine.  On  tlio  afternoon  of  my  arrival,  Momlay,  a  friend  went  to  (ienoral 
Valentine  and  asked  permission  for   nic  to  go  to  iiis  hou.se  to  dine  and  sleep,  which  was 


DAVIS    HATCH.  11 

granted,  and  here  I  have  remained,  without  a  cliann^e  of  clothing  or  any  intimation  of  what 
is  to  be  done  with  me,  I  shall  decline  to  make  any  formal  declarations  liere,  believint^  it  to 
be  contrary  to  treaty  stipulations  between  the  two  governments,  except  in  the  presence  of 
my  consul  ;  but  I  shall  not  hesitate  to  give  a  full  explanation  of  my  proceedings  w'ith  both 
parties. 

I  am  fearful,  from  what  has  taken  place  here,  that  I  may  be  thrown  into  prison  on  my 
arrival  in  the  city,  and  the  chief  object  of  this  communication  now  is  to  beg  of  you  to  take 
some  step  at  once  to  guard  against  such  an  outrage.  #  #  #  * 

And  now  I  will  endeavor  to  give  you  a  brief  account  of  what  has  passed  at  Barahonaand 
that  section  since  I  wrote  you  in  April.  About  that  time  I  heard  through  the  conunandaut 
that  Cabral's  party  liad  taken  Neyba  again,  and  were  preparing  to  take  Rincon  and  Bara- 
houa.  The  small  force  which  the  government  had  kept  together  up  to  that  time  dwindled 
down  to  some  fifteen  or  twenty  men,  by  some  going  over  to  the  enemy  and  others  to  their 
homes.  Finally,  in  the  early  part  of  May,  the  commandant,  on  learning  that  Rincon  and  all 
the  small  towns  in  that  vicinity  weie  occupied  by  the  enemy  with  a  large  force,  withdrew 
with  some  twelve  or  fifteen  men  that  remained  firm  in  their  adhesion  to  the  government  to 
the  opposite  side  of  the  liver  toward  Azua,  leaving  the  town  at  the  mercy  of  any  half-dozen 
villains  who  felt  inclined  to  plunder  it.  Most  of  the  inhabitants  had  tied  to  the  mountains 
for  safety.  For  two  or  three  weeks  I  slept  in  my  house  entirely  alone.  Finally,  on  the  18th 
of  May,  between  two  §nd  three  hundred  of  the  Cabral  party  entered  and  took  possession  of 
the  town  without  opposition,  and  in  the  most  perfect  order.  After  two  or  three  days  all  the 
families  returned  to  town,  and  those  subject  to  military  duty  presented  themselves  and 
ofiered  their  services  to  the  new  commandant.  All  the  towns  down  the  coast  adhered  with- 
out opposition  to  the  new  order  of  things,  and  all  who  had  been  in  the  service  of  the  gov- 
ernment presented  thernselves  and  offered  their  services.  From  that  time  to  the  14th  of  Au- 
gust, three  months  lacking  four  days,  the  Cabral  party  remained  in  undisputed  possession 
of  all  that  section  of  the  country,  and  nothing  was  known  of  any  propositions  being  made 
by  the  government  to  regain  possession.  The  revolutionary  party  had  acquired  the  confi- 
dence of  the  people,  even  of  the  best  friends  of  the  government,  and  having  all  the  neces- 
sary means  of  carrying  on  war,  all  looked  upon  the  fall  of  the  government  as  a  matter  of 
certainty,  and  within  a  very  brief  period.  With  my  experience  here  of  the  past  four  years, 
having  witnessed  six  successful  revolutions  and  changes  in  the  head  of  the  government,  in 
that  time,  I  was  reluctantly  forced  to  take  that  view  of  the  situation.  As  I  had  done  when 
the  revolution  broke  out  there  in  November,  1867,  against  Cabral's  government,  of  which 
you  have  knovi'ledge  by  a  letter  from  General  Valentine  to  the  President,  I  looked  to  them 
as  the  only  authority  over  the  place;  and  being  commanded  by  gentlemanly  and  able  men, 
for  the  most  part,  1  treated  them  courteously.  Any  other  course  would  have  exposed 
me  to  insult,  and,  perhaps,  something  more,  on  the  part  of  the  men.  Indeed,  gratitude 
for  their  protection,  if  nothing  else,  would  induce  such  a  course. 

This  probability  of  the  success  of  the  revolution  was  further  insured  on  the  arrival  of  a 
steamer  in  their  service  on  the  29th  of  June,  six  weeks  after  the  occupation  of  the  place, 
bringing  a  surplus  of  arms  and  ammunition  ;  and  on  the  same  day  a  schooner  from  St. 
Thomas,  with  coal,  clothing,  and  provisions  ;  and  a  few  days  later  a  vessel  from  Jacmel, 
with  further  supplies  of  arms  and  clothing,  and  likewise  a  Ci^nsiderable  amount  of  Haytien 
money.  The  steamer  also  brought  Valverde,  Pujol,  Cunil,  Marcus  Adon,  and  some  five  or 
six  other  generals,  and  some  troops.  Pujol,  Valverde,  and  Cunil,  whom  I  had  known  as 
friends  and  gentleman,  I  invited  to  my  house,  which  I  occupied  alone  ;  was  a  very  large 
one,  and  the  only  house  unoccupied  where  they  could  go.  After  a  day  or  two  Adon,  and 
the  other  generals  from  the  steamer,  felt  that  they  had  as  good  a  right  there  as  the  others, 
and  without  asking  permission  from  me  or  any  one  else,  took  up  their  abode  there.  I  protest- 
ed to  Valverde,  who  seemed  to  take  the  lead,  and  told  him  I  would  not  permit  it ;  that  Adon, 
although  I  had  known  him  before,  he  was  no  friend  of  mine,  and  I  could  not  have  him  in 
my  house  ;  the  others  were  strangers  to  me,  and  I  would  not  be  incommoded  by  them. 
Valverde  attempted  to  arrange  quarters  for  them  elsewhere,  and  some  of  the  younger  men 
left;  but  seeing  that  he  would  have  to  quarrel  with  Adon  and  others  to  get  them  out,  said 
they  would  take  the  entire  expense  of  the  house  upon  themselves,  provisions,  cook,  servants 
and  all.  As  I  could  do  nothing  more  without  an  open  rupture,  which  would  have  been  a 
most  imprudent  and  injudicious  act  under  the  circumstances,  I  was  forced  to  acquiesce. 
Finally,  while  I  was  out  one  morning,  they  brought  some  powder  and  lead  there  from  their 
storehouse,  and  commenced  molding  balls  and  making  cartridges.  I  protasted  against  it, 
and  told  them  I  would  not  permit  it  from  any  one  under  any  circumstances  ;  that,  aside  from 
any  objections  to  it  for  other  reasons,  I  would  not  expose  my  life  and  property  to  such  work 
by  a  heedless  set  of  men.  They  stopped  the  work,  and  a  quarrel  ensued  between  Valverde 
and  Adon,  but  the  former  yielded  to  the  latter,  and  they  recommenced  the  work  in  the  shed 
in  the  back  part  of  the  yard.  Adon  said  ho  was  chief  in  command  of  the  military  force, 
and  he  would  do  as  he  pleased  ;  that  they  had  possession  and  were  supporting  the  es- 
tablishment, and  had  a  right  to  it  on  that  account  as  well  as  his  right  as  chief  in  command. 

In  consequence  of  my  continued  remonstrances,  which  kept  up  continued  altercations 
with  Adon  and  Valverde  and  others,  Adon  stopped  the  work,  quit  the  house,  and  next  day 
started  otf  with  all  the  troops  brought  in  the  steamer,  and  some  others,  for  San  Juan.  As 
the  most  of  the  men  looked  to  Adon  as  their  leader,  and  seemed  to  feel  great  confidence  in 


12  DAVIS    HATCH. 

him,  his  lca^^ng  was  the  occasion  for  a  regular  stampede,  and  it  was  with  great  difficulty 
that  a  sufficient  force  could  be  kept  tog-ether  to  maintain  order.  From  Rincon,  Adon  sent 
animals. and  took  away  all  the  powder,  lead,  clothing,  and  provisions.  Valverde,  Pujol 
and  others,  seeing  the  place  was  likely  to  be  abandoned  entirely,  left  for  San  Juan.  I  was, 
therefore,  indirectly,  the  cause  of  the  abandonment  of  the  place.         *  '  *         As  I 

said  before,  my  interests  induced  me  to  hope  for  the  success  of  Mr.  Baez  in  holding  on  to 
the  government,  and  if  I  could  have  done  anything  to  aid  it,  I  would  cheerfully  have  placed 
all  that  I  possessed  there  at  his  disposal.  But  when  the  revolution  had  gained  such  a  foot- 
hold, with  the  experience  I  had  had  in  the  country,  it  would  have  been  madness  and  folly 
in  me  to  have  thrown  obstacles  in  their  way,  or  to  have  been  uncivil  and  discourteous  to  the 
heads  of  it.  In  addition  to  what  I  had  witneessed  of  its  strength  and  progress,  on  the  arrival  of 
the  steamer  they  reported  that  they  had  sunk  the  Capotilla  and  Alta  Gracia,  and  at  the  same 
time  it  was  reported  that  Bani,  Maniel,  and  San  Cristoval  had  pronounced  in  favor  of  tlie 
revolution,  and  the  city  besieged.  Cabral  came  down  from  San  Juan  a  few  days  after  the 
arrival  of  the  steamer,  and  said  that  many  towns  in  La  Vega  had  pronounced  in  his  favor. 
Hearing  nothing  whatever  from  the  other  side,  and  seeing  no  signs  of  any  effort  to  regain 
what  wa,s  actually  in  possession  of  Cabral,  I  could  not  but  believe  enough  of  what  I  saw 
and  heard  that  the  probabilities  were  in  favor  of  the  revolution. 

The  conferences  Ijetween  Cabral,  Luperon,  and  other  generals  were  held  in  secret,  and  I 
knew  nothing  of  what  passed  between  them,  except  what  I  inferred  £;oin  subseqxient  move- 
ments and  events.  Luperon  remained  on  board  the  steamer  all  the  Hme,  except  two  short 
visits  to  Cabral,  who  was  in  Barahoua  two  nights  and  one  day.  When  Cabral  left  on  the 
6th  of  July,  he  told  Pujol  that  he  should  be  in  Azua  by  the  15th.  I  think  I  have  said 
enough  to  convince  you  that  my  course  has  not  only  been  impartial,,  but  prudent  and  con- 
siderate. If  there  had  been  any  possible  way  for  me  to  have  left  at  the  time  the  government 
abandoned  Barahona,  about  the  first  of  May,  I  should  have  done  so,  for  fear  of  being 
charged  with  a  preference  for  one  party  or  the  other. 

Soon  after  the  arrival  of  General  Garcia,  (an  ofBcer  of  Baez,)  on  the  14th  ultimo,  at  the 
head  of  two  hundred  and  fifty  or  three  hundred  government  troops,  he  came  to  my  house 
with  his  officers,  followed  by  some  forty  or  fifty  men,  and  he  asked  me  what  there  was  in 
the  house  belonging  to  the  Caios.  I  pointed  out  to  him  some  trifling  articles  they  had  left 
there,  including  one  and  one-quarter  barrel  flour  and  two  trunks.  He  left  shortly  afterward 
with  his  officers,  except  two  or  three  called  captains.  As  soon  as  he  was  out  of  hearing, 
they  broke  into  the  store  adjoining  the  hall,  and  immediately  a  large  gang  of  forty  or  fifty 
rushed  in  and  carried  off  nearly  every  article  of  merchandise  from  the  store,  some  900  or 
J, 000  pounds  of  wax;  and  then  rushed  to  other  apartments,  ransacking  and  taking  every- 
thing that  could  be  of  service  to  them — all  my  kitchen  apparatus,  all  my  knives,  forks, 
spoons,  crockery,  &c. ;  and  then  made  a  rush  into  my  chamber  and  counneuced  upon  my 
wardrobe  and  other  articles  there.  My  clerk  ran  for  General  (iarcia  as  soon  as  the  pillage 
commenced,  and  he  arrived  just  in  time  to  save  most  of  my  clothing,  and  recovered  a  few 
articles  of  merchandise  of  the  least  value  that  the  villains  had  not  had  time  to  make  off 
with. 

He  reprimanded  the  officers  for  permitting  such  an  outrage,  and  threatened  to  shoot  any 
one  tliat  removed  an  article  from  the  house  ;  cleared  the  house  of  the  men,  and  placed  a  guard 
over  it.  After  order  was  restored,  I  took  him  one  side  and  told  him  tiiat  from  my  previous 
knowledge  of  his  c'r.  iracter  and  standing,  I  had  not  anticipated  such  outrages  from  men 
under  his  command.  He  said  lie  regretted  it  very  much,  and  would  take  steps  to  recover 
what  lie  could,  and  prevent  any  further  pillage.  A  few  articles  of  merchandise  and  a  little 
wax  were  recovered  during  the  day.  He  left  with  his  whole  force  the  next  day  for  Kiiicon, 
after  sending  nearly  every  person  in  town  on  board  the  vessels  in  the  harbor,  or  to  tiie  en- 
campment tlie  other  side  of  the  river,  including  my  clerk  and  cook.  As  I  had  nothing  left 
in  the  house  to  eat,  and  not  thinking  it  prudent  to  stop  there  alone  under  the  circumstances, 
I  went  to  tlie  house  of  a  neighbor  on  the  opposite  side  of  the  8(iuare,  where  I  removed  some 
of  the  most  valuable  of  my  clothes.     »»»«»» 

On  parting  with  (Jcncral  (iiircia,  he  expressed  many  regrets  at  what  occurred,  and  said 
he  would  write  to  General  Valentine  that,  so  far  as  ho  could  hear  from  iiuiuiry  there,  I  liad 
pursued  an  impartial  course.  Y(m  are  at  liberty  to  comnmuicuto  anything  contained  hoieiii 
to  the  government. 

Hoping  to  meet  you  shortly,  and  find  you  in  your  usual  health,  and  with  kind  regards  to 
Mr.  IJcad  and  Eugene,  I  remain,  most  sincerely  and  truly,  yours, 

DAVIS  HATCH. 

In  regard  to  tlic  vessel  ordered  from  St.  Tliomas,  which  I  hear  lias  been  condcMuned,  I 
will  merely  say  now,  that  order  was  given  when  it  seemed  almost  certain  the  goveniiiient 
would  be  forced  to  yield,  of  the  position  of  which,  in  other  parts  of  the  country,  they  would 
have  lat(!r  advices,  and  could  judge  better.  1  had  the  ])erniission,  voluntarily,  from  Cabral. 
If  the  government  lia<]  triiimphed,  and  tlie  vessel  was  sent  on  the  voyage,  they  could  only 
order  her  off,  as  I  understand  the  law.wiieri  no  bloekaile  had  been  inland  to  my  knowledg(!, 
and  when  there  was  no  force  to  sii])porl  it  if  inland.  If  they  had  found  her  in  jiort  she 
would  have  been  a  lawful  prize  ;  but  I  think  not  liable  to  capture,  taken  at  sea.  Inimedi- 
ately  after  Pujol,  Zatrenda,  and  the  others  left  Jiarahona,  I  gave  orders  to  the  pilot  to  go  out, 


DAVIS    HATCH.  13 

if  he  saw  any  vessel  approaching  ;  and  it"  for  me,  to  order  her  back  to  St.  Thomas.  I  ordered 
a  vessel  in  April,  of  vviiicli  I  had  heard  nothinjij,  and  was  over-anxious  to  <^et  the  property  here 
off  my  hands.     I  gave  positive  orders  to  admit  nothing  except  what  was  for  me. 


Letter  of  Davis  Hatch  to  J.  Soincrs  Smith. 

A/UA,  September  9, 18G9. 

I  wrote  by  the  Como,  on  the  3d  instant,  giving  you  a  full  account  of  what  had  transpired 
up  to  that  time,  including  the  proceedings  of  the  government  against  me.  On  the  afternoon 
of  that  day  I  was  summoned  to  the  commandaucia,  where  certain  (|uestions  were  put  to  me 
concering  my  intercourse  with  the  faction  in  Barahona.  As  I  was  anxious  to  know  what 
the  charges  were,  and  to  have  the  opportunity  of  giving  a  full  explanation,  I  answered  all 
tlie  questions  in  lull,  although  I  believe  it  to  be  contrary  to  treaty  stipulations.  Before 
signing  the  declarations  I  required  that  reservation  to  be  added,  which  was  done.  I  was 
not  informed  who  had  given  evidence  against  me,  but  I  learned  from  a  friend  that  they  were 
those  low  characters  who  had  him  arrested  in  Barahona,  and  imprisoned  here  in  irons.  It 
is  easy  to  understand  why  they  would  endeavor  to  make  out  a  case — not  from  anything  per- 
sonal against  me,  but  to  gain  favor  with  the  government,  with  the  hope  of  effecting  their  own 
release.  The  principal  one  was  innnediately  set  at  liberty.  The  charges  are  nothing  more 
than  that  of  aiding  the  faction,  the  whole  extent  of  which  I  explained  to  you.  Until  Cabral's 
party  occupied  the  town,  on  the  18th  May,  I  never  received  or  sent  any  communication  to 
them,  or  knew  anything  of  their  movements,  except  what  was  told  mo  voluntarily  by  the 
government  authorities  before  they  left.  Obedience  and  protection  are  reciprocal  terms. 
As  the  government  was  forced  by  circumstances  to  abandon  the  place,  and  it  was  subse- 
quently occupied  by  the  faction,  I  was  compelled  to  look  to  them  for  protection,  aad  was  ia 
duty  bound  to  yield  obedience  to  their  mandates,  or  expose  myself  to  insult  or  persecution. 
All  took  this  view  of  the  situation,  and  acted  accordingly.  In  small  towns  like  Barahona 
anything  required  of  you  by  either  party  and  refused  is  taken  by  force,  and  you  are  looked 
upon  as  an  enemy  afterward.  Such  has  been  my  experience.  Every  one  rendered  what- 
ever service  was  asked  of  them.  I  cannot  but  regard  the  whole  proceedings  against  me  as 
an  attempt  to  make  out  a  case  to  offset,  or  in  some  degree  justify  or  palliate,  the  burglary 
and  robbery  of  my  house,  and  perhaps  by  some  of  the  very  parties  concerned  in  it.  There  were 
respectable  parties  here  from  Barahona,  who  would  have  given  fair  and  truthful  evidence, 
if  called  upon.  Was  it  fair  and  just,  therefore,  to  take  the  evidence  or  the  lowest  class,  who 
were  in  durance  vile  ?  The  day  after  my  arrival  in  town  I  sent,  by  a  friend,  to  General 
Valentine  Ramirez  that  I  should  like  to  have  an  interview  with  him,  when  I  could  explain 
everything  to  his  satisfaction.  He  sent  word  that  he  only  wanted  to  take  some  declarations, 
which  would  be  done  soon,  after  which  I  could  return  on  board  ;  and  in  the  mean  time  he 
would  call  upon  me.  I  have  now  been  here  ten  days,  and  have  not  seen  him  yet.  It  would 
not  be  proper  for  me  to  call  upon  him  under  the  circumstances. 

There  seems  to  have  been  a  desire  to  subject  me  to  all  the  indignities  and  inconveniences 
possible,  and  the  whole  proceedings  are  irregular  and  inconsistent.  I  was  arested  at  nio-ht, 
after  being  in  the  harbor  more  than  twenty-four  hours  ;  brought  here  in  the  rain  ;  kept  in 
prison  twenty  hours  without  a  change  of  clothing  ;  set  at  liberty  without  being  notified  why 
I  had  been  arrested ;  three  days  afterward  my  declarations  were  taken,  aud  agam  set  fit 
liberty,  and  remained  until  now  without  hearing  anything  more.  If  there  was  no  foundation 
for  a  criminal  charge,  why  was  I^arrested  and  imprisoned  ?  And  that  there  was  no  founda- 
tion for  a  criminal  charge  is  evident  from  the  fact  of  my  being  set  at  liberty  before  my  ex- 
amination was  made. 

Being  obliged  to  remain  in  my  wet  clothes  tlie  night  I  was  brought  here  gave  me  a  severe 
cold,  which  settled  upon  my  chest,  and  finally  produced  a  violent  fever  on  the  Gth,  which 
returned  with  more  violence  yesterday.  I  feel  better  this  morning,  and  hope  the  worst  has 
passed. 

One  of  the  officers  of  the  Alta  Gracia  called  upon  me  yesterday  and  told  me  the  Capotillo 
was  expected  to-day  ;  and  that  after  her  arrival  they  were  to  go  to  San  Domingo.  1  have 
heard,  indirectly,  tiiat  I  could  go  up  in  her.  My  baggage  and  other  effects  are  still  on 
board  of  her. 

Again  begging  your  intercession  in  my  behalf,  to  avoid  any  further  indignities  after  my 
arrival  at  San  Domingo,  I  remain,  most  sincerely,  yours, 

DAVIS  HATCH. 


Davis  Hatch  to  J.  Somvrs  Smith. 

AzuA,  Sc2)temher  20,  1869. 
Mv  Dear  Mr.  Smith  :  Notwithstanding  the  assurance  given  you  to  tlie  contrary  from 
so  high  a  source,  I  was  cast  into  a  little  filthy  cell  on  my  arrival  here,  from  which  all  light 
and  air  was  excluded,  except  what  passed  through  the  crevices  between  the  boards.  I  sent 
for  General  Valentine  the  next  day,  who  came  and  listened  patiently  for  two  hours  to  my 
explanations  of  the  charges  against  me,  aud  of  my  whole  course  in  Barahona.     I  thought 


14  DAVIS    HATCH. 

he  seemed  convinced  of  my  innocence  of  any  act  against  the  government.  On  parting,  I 
begged  him  to  consider  the  state  of  my  healtii,  my  condition  in  life,  and  the  positive  services 
I  had  rendered  the  government,  of  which  he  was  aware,  and  allow  me  to  go  to  the  house  of 
Mr.  Marchoiia.  He  consented,  and  said  he  would  send  Mr.  Marchoua  to  accompany  me,  a 
little  later.  He  did  no?  come,  however,  and  two  days  passed  without  my  seeing  any  one. 
Mr.  Marclioua  came  the  third  day,  and  said  that  General  Valentine,  on  referring  again  to 
his  instructions  from  the  minister  of  war,  found  they  were  positive  that  I  should  remain  in 
prison  until  the  trial  was  concluded.  I  sent  for  General  Valentine  the  sixth  day,  and 
requested  another  interview.  He  came,  and  showed  me  the  letter  referred  to ;  said  he  regretted 
that  it  was  out  of  his  power  to  let  me  out  of  prison,  hut  would  do  all  in  his  power  to  relieve 
me;  that  I  might  occupy  the  adjoining  room  alone,  which  was  twice  the  size,  with  a  win- 
dow in  it  which  might  be  opened  during  the  day.  The  change  was  made  at  once,  some- 
what to  my  relief.  My  trial  is  now  going  on  ;  what  the  result  may  be  I  cannot  predict. 
All  I  can  do  is  to  declare  my  innocence.  I  know  nothing  of  the  laws  and  customs  in  such 
cases. 

I  have  not  had  the  means  or  opportunity  of  writing  you  before.     I  have  been  disappointed 
in  not  hearing  from  you,  presuming  you  must  have   heard  of  my  condition  here.     If  there 
is  anything  in  their  laws  to  justify  the  proceedings  instituted  against  me,  I  am  ignorant  of 
them.     Plead  for  me  at  once. 
Yours,  most  sincerely, 

DAVIS  HATCH. 


Lctler  of  Davis  Hatch  to  J.  Somers  Smith. 

AzuA,  Octohcr  13,  1869. 

I  wrote  you  a  few  lines  yesterday  by  the  Como.  This  morning  I  was  told  by  a  confidant 
of  General  Valentine  that  I  could  not  leave  the  Alta  Gracia  to-night,  as  the  papers  connected 
with  my  trial  had  not  yet  all  been  copied,  and  I  could  not  go  until  they  were  ready,  as  they 
must  accompany  me.  I  cannot  view  this  statement  in  any  other  light  than  a  determination, 
too  often  before  manifested  since  my  arrest,  to  aggravate  my  case  as  much  as  possible.  I 
should  do  wrong,  however,  not  to  except  General  Valentine  from  this  general  charge. 

I  send  with  this  three  sheets  containing  a  full  account  of  my  trial,  to  which  I  shall  add,  as 
opportunity  offers,  some  comments.  I  have  been  quite  well  the  last  few  days,  but  to-day 
am  quite  upset  again,  partly,  perhaps,  from  my  disapi)oiutment  in  not  being  allowed  to 
embark  to-night,  as  I  was  given  to  understand  would  be  the  case,  in  the  Alta  Gracia.  I 
hoped  to  have  been  with  you  in  time  to  express  my  views  upon  the  subject  of  the  satisfaction 
and  compensation  to  which  I  am  justly  entitled  for  the  cruel  persecutions  and  exposure  of 
life,  false  imprisonment,  and  the  unjust  and  degrading  sentence  passed  upon  me  by  a  mock 
tribunal,  in  time  to  make  an  appeal  to  our  government  for  the  steamer  of  the  2l)th,  but  that 
is  now  quite  improbable.  I  have  also  a  claim  for  property  robbed  by  the  government  troops 
under  General  Garcia,  and  for  proi)ert,y  abandoned  by  his  ordering  me  away  without  furnish- 
ing the  time  and  opportunity  to  remove  it.  My  strength  fails,  and  I  can  write  uo  more. 
Most  sincerely  and  truly,  your  friend, 

DAVIS  HATCH. 

P.  S. — Still  having  time,  and  feeling  a  little  better,  I  open  this  to  add  that  at  the  com- 
mencement of  my  interview  with  General  Valentine,  the^morning  after  the  trial,  I  said: 
"General,  if  I  cannot  convince  you  of  my  entire  innocence  of  any  act  or  deed,  now  or  at 
any  previous  time,  against  the  present  government,  I  neither  ask  nor  expect  any  favor  nor 
consideration  from  you."  Although  there  was  no  forma!  admission  of  my  iiniocence,  I  was 
j)er.suaded  lie  really  felt  so  in  his  heart,  and  his  intcicsiiug  himself  so  warmly  immediately 
after  in  obtaining  jiardon  may  be  taken  as  proof  that  such  was  the  case.  It  would  seem  as 
though  there  could  b<'  scarcely  any  limit  to  tin;  conqiensation  that  may  be  justly  and  properly 
demanded  for  s>ich  wanton  cruelties  before  the  trial,  and  such  a  degrading  sentence  under 
which  I  remained  six  days,  subject  to  the  clemency  of  one  man,  without  tiio  least  proof 
being  presented.  The  sentence  lias  gone  forth  to  the  world  and  its  refutation  will  travel 
slow  and  not  #*>#«■»# 

D.  II. 
AzUA,  October  11,  1809. 

Mv  Dr.AK  Mk.  Smiiii  :  "^'our  note  of  the  .'"ith  instant  wa.s  handed  me  at  noon  of  the  7th, 
soon  after  the  olicio  of  th(!  government  was  reail  to  me  conuiiiiling  my  sentence  to  b.anish- 
rnent,  and  then  in  the  streets  in  Heveral  parts  of  the  town,  by  order  ofCieneral  Ivannre/,,  was 
read  to  mo  at  the  sann^  time,  ordering  m(^  to  n^niaiii  in  prison  until  an  opportunity  olVi^'ed  to 
embark  for  the  city.  1  asked  through  a  triend  perinissioii  to  go  to  the  house  of  Mr.  INIarchena 
until  an  opportunity  olFered,  but  the  rciply  was  that  lu!  had  no  discretion  in  the  matter. 

You  say  my  note  of  the  liOtii  ultimo  was  lianded  you  on  the  evening  of  the  <lth  instant, 
simultaneously  willi  the  sentence!  of  the  couit-martial.  To  insure  its  prompt  delivery  I  had 
it  sent  under  cover  of  a  letter  of  Mr.  iMarchena  t(j  Mr.  Kicartit,  certilieil,  with  the  reipiest  to 
Mr.  Kicardt  that  he  deliver  it  immeiliately  ;  the  certilied  (^nvehqie  with  its  receipt  was 
received  hero  by  the  return  conco,  on  the  4th  at  noon,  some  hours  before  you  received   the 


DAVIS    HATCH.  15 

letter.     This  si<^nlficaut  fact  is  of  no  consequence  now,  except  us  forminj^  a  part  of  the 
history  of  my  most  extraordinary  trial  here,  vviiich  I  now  profced  to  detail. 

I  arrived  here  on  the  morninfj  of  the  2Uth  ultimo,  ami  was  immediately  locked  up  in  a 
little  dungeon,  ten  by  fifteen  feet,  without  any  floor,  and  fiom  which  all  light  and  air  was 
excluded,  except  what  passed  through  the  crevices  between  the  boards.  Two  criminals  with 
irons  upon  their  feet  were  in  the  same  apartment.  Through  the  kind  consideration  of 
General  Ramirez,  who  came  to  see  me  on  the  sixth  day,  I  was  permitted  to  occupy  the 
adjoining  room,  twice  the  size,  with  a  stone  floor,  used  as  a  depository  of  arms,  &c.,  in  which 
there  was  a  window,  which  I  was  allowed  to  open  during  the  day. 

At  seven  o'clock  on  the  evening  of  the  '28th,  nine  days  after  my  arrival  here,  I  was  offi- 
cially presented  with  a  copy  of  the  charges  against  me  by  the  fiscal,  or  government  prosecutor, 
Avhich  was  the  first  I  knew  of  what  I  had  been  accused,  except  wiiat  I  was  left  to  infer  from 
the  questions  put  to  me  here  on  the  30th.  I  was  told  by  a  friend,  not  officially,  that  my 
trial  would  take  place  the  next  morning.  I  sent  immediately  for  my  counsel  and  directed 
him  to  petition  the  court  for  time  to  send  to  you  for  important  documents  and  letters  and  to 
summon  witnesses  in  my  defense.  The  petition  was  peremptorily  denied.  At  ten  o'clock 
in  the  morning  of  the  1st  instant  I  was  taken  from  prison  and  escorted  through  the  streets 
by  twenty  armed  men  to  a  private  dwelling,  temporarily  fitted  up  as  a  court-house  for  the 
occasion.  The  whole  process  was  then  read,  and  I  for  the  first  time  learned  who  the  wit- 
nesses were,  who  had  been  examined  in  secret  by  the  prosecutor,  and  what  they  had  testi- 
fied. I  protested  against  the  trial  proceeding  then,  as  I  had  not  had  time  to  summon  witnesses 
or  prepare  my  defense;  that  only  forty-eight  hours  had  elapsed  since  I  was  presented  with 
the  act  of  accusation,  and  until  now  knew  not  who  the  witnesses  were  against  me  or  what 
they  had  testified ;  and  neither  had  my  counsel  had  time  to  prepare  my  defense  ;  that  the 
government  had  taken  all  the  time  they  wished,  nine  days,  to  prepare  their  charges  against 
me,  and  that  I  was  entitled  to  at  least  an  equal  time  to  prepare  to  refute  them,  if  this  was 
what  it  pretended  to  be,  a  court  of  justice.  Time  was  peremptorily  refused  and  the  trial 
ordered. 

Six  witnesses  had  been  examined  in  secret  by  the  government  prosecutor,  and  their  evi- 
dence taken,  and  it  formed  part  of  the  process  upon  which  I  had  been  arraigned.  Four  of 
the  six  were  in  prison,  with  irons  upon  their  ankles,  and  gave  their  evidence  in  that  condi- 
tion in  prison,  or  in  the  same  building.  Two  of  the  four  were  arrested  with  arms  in  their 
hands  in  the  service  of  the  rebels  in  Barahona;  the  third  was  arrested  as  a  spy,  also  in  Bar- 
ahona,  tied  and  embarked,  and  placed  in  prison  with  irons  on  his  arrival  here.  All  of  thein 
were  brought  here  three  weeks  before  me,  and  were  subject  to  the  penalty  of  death  if  put 
upon  trial  They  were,  however,  set  at  liberty  a  few  days  after  giving  their  declarations. 
Comment  is  unnecessary.  The  fourth  was  arrested  for  piracy,  also  in  Barahona,  for  assist 
ing  the  steamer  Telegraph  in  removing  the  schooner  Casuaiidad  from  this  port.  The  day 
after  he  gave  his  testimony  he  was  sentenced  to  death  by  the  same  court-martial ;  and  though 
a  petition  was  sent  to  the  president  for  his  pardon,  in  which  the  governor  of  the  province 
joined,  it  was  refused,  and  he  was  executed  the  day  after  the  decision  was  received.  The 
other  two  were  greater  criminals,  from  the  fact  that  they  were  men  of  more  intelligence  and 
responsibility,  and  in  different  positions.  One  voluntarily  furnished  all  the  bread  for  the 
revolutionary  army,  and  the  other,  although  holding  a  commission  as  alcalde  from  the  gov- 
ernment, furnished  all  the  beef,  and  both  volunteered  their  services  to  the  officers  of  the  rev- 
olutionary army  in  every  way  they  could  be  useful,  lint  they  are  at  liberty  here,  although 
the  government  knew  tiieir  criminality,  as  it  was  a  matter  of  public  notoriety.  1  must  here 
stop  to  make  a  correction.  The  alcalde  was  called  in  by  my  counsel,  without  consultiug 
me.  He  was  the  greatest  of  all  the  criminals,  from  the  fact  of  his  holding  a  commissiou 
from  the  government,  well  aware  of  his  great  crime,  and  the  consequences,  if  the  govern- 
ment should  proceed  against  him.  He,  too,  perjured  himself  to  criminate  me,  and  ignored 
all  knowledge  of  facts  with  which  he  was  perfectly  familiar,  which  would  exculpate  me.  A 
son  of  his,  about  nineteen  years  old,  a  high-minded  and  worthy  young  man,  of  more  than 
the  ordinary  intelligence  of  those  of  his  age  and  opportunities,  in  whom  I  had  takcu  a  great 
interest,  and  latterly  treated  as  a  companion,  was  a  clerk  in  my  house  many  montlis,  inclu- 
ding all  the  time  the  revolutionary  party  were  in  possession  of  the  town.  He  was  familiar 
with  all  that  passed  in  my  house  from  day  to  day,  as  I  was  in  the  habit  of  consultiug  with 
him  ui)on  the  liberties  taken  by  Valverde  in  assuming  the  whole  charge  of  the  establishment, 
and  my  protesting  against  the  operations  of  General  Marcus  Adon  in  the  yard,  and  that  the 
result  of  my  remonstrances  against  these  liberties  and  intrusions  was  the  abandonment  of 
the  place  by  all  but  forty  or  fifty  men  of  the  revolutionary  army,  including  all  the  generals, 
except  the  one  appointed  conimundante  de  armas  of  the  district.  While  those  people  occu- 
pied my  house  he  took  his  meals  and  slept  at  his  father's  house,  and  uo  one  can  believe,  as 
General  Ramirez  frankly  admitted  to  me,  that  he  did  not  tell  his  father  what  passed  in  my 
house.  I  asked  for  time  to  call  him  as  a  witness,  and  also  my  cook,  who  was  equally 
familiar  with  all  that  passed  in  my  house  each  day.  They  could  have  him  here  in  twenty- 
four  hours,  but  even  tliis  favor  was  denied. 

The  sixth  witness  called  and  examined  in  secret  by  the  prosecutor  was  Sinferio  Batista, 
instead  of  the  alcalde.  He  had  been  equally  zealous  in  the  revolutionary  cause,  entertain- 
ing daily  five  or  six  of  the  general  and  other  officers  at  his  own  expense,  and  volunteering 
his  services  in  every  way  needed.  He,  with  Santiago  Talivera,  the  one  who  furnished  the 
bread,  and  the  representative  man  of  the  town,  met  the  officers  of  the  steamer  Telegraph  on 


16  DAVIS    HATCH. 

the  wharf  and  ^ave  them  information  of  the  situation  of  the  rebel  cause,  while  I  was  in  my 
house  and  saw  no  one  until  after  the  day  of  her  arrival ;  he,  too,  being  well  aware  of  his 
great  crime  and  its  serious  consequences  if  put  iipon  trial,  and  like  the  others,  seeing  the 
disposition  of  the  government  toward  me,  perjured  himself  to  criminate  me,  well  knowing 
my  entire  innocence.  Why  these  three,  the  greatest  of  all  the  criminals,  according  to  the 
ruling  of  the  government  in  similar  cases,  are  still  at  liberty,  I  am  left  to  conjecture,  nor 
does  it  become  me  to  inquire.  For  myself,  I  do  not  consider  them  guilty  under  the  circum- 
stances; the  government  abandoned  the  town  two  or  three  weeks  before  it  was  occupied  by 
the  revolutionary  party.  They  came  with  a  large  force,  in  perfect  order,  and  maintained 
order  while  there,  treating  all  alike.  Looking  to  them  for  protection,  they  were  in  duty 
bound  to  yield  obedience  to  their  mandates  ;  any  other  course  would  expose  them  to  perse- 
cution, if  nothing  worse. 

Proceeding  with  my  trial,  after  the  process  had  been  read  and  my  petition  for  a  postpone- 
ment refused,  the  prosecutor  ojiened  the  case  with  an  argument  (if  it  could  be  called  suchj 
of  more  than  two  hours  in  length,  the  chief  points  of  which  were  my  antecedents,  as  he 
called  them;  that  is,  the  private  correspondence  between  the  brother  of  President  Baez 
while  they  were  both  out  of  office  and  out  of  the  country,  and  in  which  he  was  the  aggres- 
sor and  I  was  the  aggrieved  party.  This  matter,  as  you  will  remember,  was  arranged  be- 
tween the  President  and  myself  by  your  intervention,  and  would,  therefore,  have  been  ruled 
out  of  order  in  any  respectable  court  to  produce  it  now.  Your  correspondence  with  the  min- 
ister of  foreign  aiiairs,  which  tnllowed  the  arrangement,  formed  part  of  the  process,  and  on 
these  points  the  chief  part  of  his  time  was  occupied.  He  charged  me  witli  having  broken 
my  pledge,  given  through  j'ou,  not  to  take  any  part  in  the  political  affairs  of  the  country, 
and  yet  not  a  particle  of  evidence  had  been  produced  to  prove  it.  The  witnesses  examined  in 
secret  might,  of  course,  have  been  questioned  by  the  prosecutor  upon  that  point,  but  it  would 
seem  they  could  not  go  so  far  in  their  servility  as  to  declare  that  I  had  ever  done  anything 
in  opposition  to  the  government,  while  I  had  always  been  so  conspicuous  in  its  service. 

The  letter  of  General  Ramirez  to  the  President,  which  belonged  to  that  correspondence, 
and  which  was  handed  to  you  with  so  much  satisfaction  by  the  President,  as  it  proved  the 
interest  I  had  taken  in  his  government,  would,  if  it  had  been  produced  with  the  other  let- 
ters, have  refuted  the  charge,  but  it  was  not  there.  I  complained  of  this  unfairness  to  Gen- 
eral Ramirez  after  the  trial.  He  said  it  being  a  private  letter  it  could  not  be  used  in  court. 
I  replied  that  the  President  having  handed  it  to  you  to  copy,  it  had  then  become  a  public 
document,  and  that  if  I  had  been  aware  of  the  letter's  proving  part  of  the  process  against 
me,  and  time  had  been  allowed,  I  should  have  produced  a  copy  of  the  letter  with  your  cer- 
tificate and  the  seal  of  the  United  States.  His  next  chief  point  was  the  scandalous  negotia- 
tion of  the  notes  of  the  rebels,  of  which  I  took  four,  representing  some  .f-l5  or  $50 
from  the  poor  people,  who  held  them  at  a  quarter  or  a  third  of  their  nominal  value,  out 
of  consideration  for  them,  and  nut  to  favor  the  revolution.  He  had  but  little  to  say  upon  the 
occupation  of  my  house  and  the  proceedings  there,  as  I  had  frankly  admitted  all  that  in  my 
declaration.  After  he  had  concluded,  my  counsel  read  the  defense  ho  had  prepared,  and 
which  was  all  that  could  have  been  expected  in  the  short  time  allowed  him  ;  and  then  I  read 
a  short  defi-nse  I  had  priiparcd  the  morning  before  tiie  trial,  cxi)laining  iny  course  in  IJara- 
hona  before  and  during  tlie  occupation  by  the  Cabral  party.  I  also  made  a  speech  of  half 
an  hour's  length  upon  the  unfairness  and  injustice  of  the  whole  proceedings,  declaring  my 
entire  innocence  of  any  act  or  deed  against  the  government,  wiiich  I  could  easily  have 
proved  if  oi)j)ortuiiity  had  been  allowed  mo  by  the  court,  and  to  which  I  was  entitled  by 
common  consent  in  all  tribunals  in  civilized  countries.  I  saw,  however,  from  the  commence- 
ment that  my  sentence  had  been  agreed  upon  bi'foreliand,  and  no  defense  that  1  could  make 
would  avail  anything.  Since  the  time  of  the  iM<piisitioii,  liTstory  records  no  trial  so  entirely 
in  keejjing  with'  the  trials  before;  those  infamous  courts,  dill'ering  only  in  th.at  the  trial  was 
lield  in  open  court.  The  whole  jiroceedings  were  as  far  from  the  spirit  of  justice  as  deadly 
poison  is  from  the  spirit  of  life.  A  fair  illustration  would  be:  a  stone  was  tied  around  my 
neck,  I  tiirown  into  water,  and  told  to  save  myself  The  debased  and  doi)raved  were  exam- 
ined secretly  in  prison,  and  if  they  were  not  told  in  advance  that  their  lives  would  be  saved 
if  they  criminated  me,  such  may,  with  ])ropriety,  W  presumed  was  the  fact. 

Those  of  them,  the  lirst  examined,  weie  set  at  lili(\rly,  ami  yet  all  the  evidence  of  the  seven 
criminals  who  lestilic^d  against  me  amounted  to  little  of  anything  mores  than  I  admitted  in 
my  declarations,  only  that  1  was  free  from  all  responsibility  under  the  circumstances.  One 
otiier  fact  shows  but  too  plainly  the  <lis|)osition  of  the  court :  that  while  the  prosecutor  had  a 
table  and  chair  within  the;  railing,  my  counscil  was  kept  outside  with  the  crowd,  although  I 
asked  that  Im-  be,  alhjwcil  to  sit  by  me,  as  it  was  especially  necessary  in  my  casi; — a  stranger, 
knowing  nothing  of  the  law  and  customs — that  h(^  should  be  where  I  could  confer  with  him. 
The  prosecutor,  apjiarently  ol  ])ure  African  descent,  is  gifted  with  an  extraordinary  iluency 
of  speech,  though  iiMudi  given  to  repelition;  violent  and  rudu  in  his  manners  ;  of  a  very 
malicious  and  revengclul  disjjosition,  and  an  insolent  tongue— just  the  kind  of  man  to  be 
eft'ectivo  with  the  low  and  ignorant,  such  as  the  six  men  forming  what  was  ridiculouslj'- called 
the  cf)Urt. 

The  trial  was  closed  at  ten  o'clock  at  night,  having  lasted  twelve  hours.  I  was  then  re- 
manded back  to  i)rison  to  await  the  result  of  the  deliberation  of  the  court.  At  twelve  I 
was  again  esc<jrled  to  tlui  court-housi!  and  then  informed  that  llus  decision  of  tins  court  was 
that  1  was  cul])ablc  on  the  charges  preferred,  when  1  was  again  returned  to  prison  to  await 


DAVIS    HATCH  i  17 

tho  decision  upon  tlie  sentence.  At  four  o'clock  in  tlie  morning  I  was  surnmonecl  apjain, 
wlien  tlie  solemn  farce  of  sentence  of  death,  hv  the  unaniinons  decision  of  tlie  court,  was 
read  to  me,  at  the  conclusion  of  which  the  prosecutor  dcmai)ded  that  the  sentence  be  put  ia 
execution  without  delay.  Notwithstanding:  the  grave  and  serious  character  of  the  sentence, 
it  was  a  great  relief  to  me  to  part  witli  such  an  a>:sei>iblnrre  and  such  scenes  the  last  time. 
I  was  told  hy  one  who  was  present  during  the  four  hours  of  delibc^ration  upon  the  sentence 
that  a  mHJority  of  the  court  seemed  to  be  in  favor  of  an  acqnital,  but  were  overawed  by  the 
prosecutor,  who  was  acting  under  instructions  from  the  government,  as  was  too  evident ; 
and  such  is  the  terror  felt  by  every  one  in  opposing  its  will,  they  did  not  dare  give  expression 
to  their  convictions. 

At  ten  o'clock  a.  m.  of  the  same  day,  the  '2d,  I  sent  a  message  to  General  Ramirez,  acting 
governor  of  the  province,  with  the  special  request  for  an  interview.  He  vvas  confined  to  his 
bed,  but  graciously  allowed  me  to  visit  him,  in  company  with  the  commandante,  without  a 
guard.  J  ()rotested  against  the  whole  proceedings,  and  against  the  execution  of  the  sen- 
tence; that  all  the  evidence  tending  to  criminate  me  was  presumptive — nothing  positive; 
that  even  admitting,  for  the  sake  of  argument,  that  I  had  consented  to  the  occupation  of  my 
house  by  the  Cabral  party,  that  could  not  be  considered  a  crime  under  the  circumstances; 
and  it  was  evident  that  the  governnn-.ent  did  not  so  consider  it,  from  the  fact  that  notice  had 
been  taken  of  the  voluntary  and  more  important  services  rendered  by  those  of  its  citizens 
who  had  been  called  lo  testify  against  me,  and  still  at  liberty.  Without  admitting  fully  all 
tliat  I  said,  he  promised  to  do  all  iu  his  power  to  obtain  a  pardon,  and  dictated  the  letter  ask- 
ing it.  Ho  likewise  gave  me  to  understand,  without  making  any  positive  promise,  that  I 
might  rely  upon  its  being  granted. 


Letter  of  Davis  Hatch  to  J.  Somers  Smith. 

AzUA,  October  25,  1869. 

I  wrote  you  last  on  the  18th  instant.  I  am  still  without  any  commncication  from  you» 
It  would  be  a  great  satisfaction  to  me,  if  only  to  hear  that  my  letters  had  been  received. 
Twenty-four  days  have  elapsed  since  my  sentence,  and  eighteen  since  the  receipt  of  the  of- 
ficial notice  of  its  commutation;  and  I  am  still  held  a  prisoner,  without  knowing  why,  or 
the  probable  time  of  my  release.  I  have  had  no  connnuuication  with  General  Ramirez,  the 
acting  governor,  since  the  2d  instant,  before  reported  to  yon,  and  my  self-respect  ibrbids  my 
seeking  one,  even  were  I  sure  by  so  doing  I  could  obtain  my  release,  for  reasons  hereinafter 
stated.  He  visits  the  comandancia  almost  daily,  without  looking  into  my  room,  which 
shows  a  disposition  to  avoid  any  further  commuuication  with  me.  A  tew  days  after  I  was 
notified  of  the  commutation  of  the  sentence,  hearing  from  one  and  another  that  I  was  to 
embark  for  the  capital  by  the  first  opportunity,  I  sent  a  request  to  the  acting  governor  to  be 
allowed  to  go  on  board  the  Poineiia  and  remain  until  an  opportunity  offered,  giving  as  a 
reason  for  tlie  request,  that  want  of  air  and  exercise  were  retarding  my  convalescence.  He 
replied  very  shortly,  manifesting  some  degree  of  anger,  that  he  had  done  all  he  could  for  me. 

Different  versions  are  given  of  tho  cause  of  my  detention,  by  different  individuals,  all  of 
■whom  are  frequent  visitors  at  healquarters.  Oae  reports  the  absurd  story  that  the  papers 
connected  with  my  trial  are  not  yet  all  copied,  and  that  I  cannot  leave  until  they  are  rea  ly 
to  be  sent  with  me;  another  tells  me  that  no  orders  have  yet  been  received  from  the  govern- 
ment to  send  mo  to  the  capital ;  a  third  tells  me,  with  some  degree  of  significance,  that  I 
am  perhaps  detained  fearing  I  might  take  some  steps  to  obtain  redress.  To  this  last  I  merely 
replied  that  my  consul  was  iu  possession  of  all  tlie  facts,  and  if  he  thought  proper  would 
represent  my  case  to  my  goverumont  without  any  instructions  from  uie.  I  place  litde 
credence  in  any  of  these  reports.  As  you  know  my  whole  course  in  San  Domingo,  and 
all  my  relations  with  the  government  of  Mr.  Baez,  yon  cannot  be  at  a  loss  to  know  the  cause 
of  my  detention  here,  so  entirely  in  keeping  with  all  the  proceedings  agaiust  me  When 
you  shall  have  seen  a  copy  of  the  record  of  my  trial,  you  will  bo  better  able  to  judge 
■whether  I  have  had  just  cause  of  complaint  or  otherwise.  I  have  been  several  days  without 
fever,  but  my  strength  returns  slowly.  Such  confinement,  aud  under  such  aggravating  cir- 
cumstances, to  one  always  accustomed  to  an  a  tive  life  is  exceedingly  trying  and  irksome. 

Hoping  to  hear  from  you  by  the  Como,  due  to-day,  aud  with  kind  regards  to  Eugene,  I 
remain,  sincerely  and  truly,  your  friend, 

DAVIS  HATCH. 


Letter  from  Davis  Hatch  to  J.  Somers  Smith. 

A/.UA,  November  1,  1869. 
I  wrote  you  last  by  Como,  2.5th  ultimo.     I  am  still  vvithout  a  line  from  you.     Como  of  to- 
day not  yet  arrived.     I  know  as  little  as  ever  of  the  cause  of  my  continued  incarceration,  or 

S.  Eep.  234 2 


18  DAVIS    HATCH. 

of  the  probable  time  of  release.  Please  address  a  note  to  the  minister  of  foreign  affairs  and 
ask  him  to  let  you  see  all  the  papers  relating  to  my  trial  and  sentence,  that  you  may  make 
a  report  of  them  to  your  government,  as  is  customary  iu  all  countries  where  a  stranger  has 
been  tried. 

Though  not  considered  obligatory  on  the  part  of  the  government  to  exhibit  the  record  ef 
such  trials,  the  withdrawing  of  them  would,  nevertheless,  be  regarded  as  a  consciousness  of 
their  weakness  iu  support  of  the  judgment  that  may  have  been  given.  I  have  never  known 
an  instance  where  the  courtesy  whs  refused.  Time  enough  has  elapsed  since  the  trial  (one 
month  to-day)  f>ir  the  government  to  be  in  possession  of  the  papers,  where,  according  to  the 
practice  here,  they  rightfully  belong.  I  do  not  think  they  have  yet  been  forwarded,  but 
there  can  be  no  valid  reason  why  they  should  not  have  been.  I  am  desirous  that  you  should 
see  them  and  take  notes  of  them  before  I  am  sent  out  of  the  country.  Even  though  the  gov- 
ernment should  have  proved  my  criminality  in  certain  decrees  of  theirs,  (which  1  do  not,  of 
course,  admit,)  the  question  still  remains,  has  any  government  the  right  to  euact  an  ex  post 
facto  criminal  law,  which  is  an  evasion  of  the  restraints  of  international  law  as  applied  to 
foreigners  ? 

I  have  already  given  j'ou  the  particulars  of  the  trial  allowing  me  but  forty-eight  hours, 
after  hearing  whereof  I  was  accused,  to  prepare  my  defense,  and  that  I  was  not  permitted 
to  know  who  the  witnesses  were  who  had  testified  against  me  until  the  trial  commenced. 
My  applications  for  postponement  were  refused.  The  government  had  employed,  according 
to  their  judgment,  as  fiscal  or  prosecutor,  the  ablest  lawyer  in  the  republic,  while  tliere  was 
no  lawyer  in  the  district  for  my  defense. 

Please  send  the  inclosed  to  Mr.  . 

Very  truly  and  sincerely,  your  friend, 

DAVIS  HATCH. 


Letter  of  Davis  Hatch  to  J.  Somers  Smith. 

AzuA,  November!,  1869. 

I  wrote  you  last  on  the  4th  in  answer  to  yours  of  28th  ultimo.  I  hear  from  the  captain 
of  a  sloop  that  the  Tybee  was  iu  sight  going  in  on  Sunday  ;  hope  to  have  a  letter  from  you 
by  Como,  due  this  day,  with  news  by  her. 

The  two  government  vessels  are  still  down  the  coast,  and  I  don't  hear  that  they  are  ex- 
pected here  at  present.  The  sloop  leaves  for  the  city  on  Saturday,  but  I  don't  think  I  shall 
be  allowed  to  embark  on  her,  from  the  treatment  hitherto  received.  It  is  too  evident  they 
intend  to  keep  me  here  until  the  last  possible  moment.  I  have  obtained  from  three  of  the 
principal  witnesses  in  my  trial,  including  the  alcalde,  a  certificate,  of  which  I  inclose  a  trans- 
lation. They  would  rather  not  have  signed  their  names  to  any  such  paper,  for  reasons  well 
understood,  but  the  alcalde  said  :  "  Tliere  is  nothing  here  but  what  we  all  know  to  be  true, 
and  we  need  not  be  afraid  of  the  truth." 

This  completely  refutes  tlie  labored  argument  of  the  fiscal  that  I  had  broken  my  pledge  to 
the  government,  given  through  you,  not  to  take  any  part  in  the  political  affairs  of  the 
country.  For  what  took  jjlaco  while  the  Cabral  party  occupied  the  town  I  cannot  bo  held 
responsible.  If  the  government  considered  me  responsible  for  what  thej'  did  on  my  prem- 
ises, wiiy  liavc  they  lelt  their  own  citizens  fiee,  who  rendered  direct  voluntary  services  to 
them,  far  more  important  than  anything  done  on  my  premises? 

This  confinement  and  suspense,  and  the  disgracefnl  and  distressing  scenes  I  am  obliged 
to  witness  daily  in  this  building,  (the  comandancia, )  are  trying  beyond  anything  you  can 
conceive. 

Kind  regards  to  ICiigene. 
Sincerely,  your  friend, 

DAVIS  HATCH. 

fTranKliitioii.] 

A/.UA,  November  7,  1869. 

At  the  solicitation  of  Mr.  Davis  Hatch  I  have  ])leasure  in  certifying  that  I  have  known 
him  intimately  during  his  residence  in  Banihona ;  that  he  has  never  taken  any  pait  in  polit- 
ical (piestions,  nor  been  mixed  up  in  any  way  in  the  jioliiical  niVairs  of  the  country.  Ho 
has  always  been  on  good  terms  with  all  the  authorities,  and  through  them  has  rendered  great 
service  to  tin-  present  government. 

He  has  liki^wi.sc  always  been  on  good  terms  with  nil  the  people  of  Baraliona,  and  of  tJio 
towns  above  and  helow  i'.arahona;  and  in  (•onsi'<nicnc(M)t  liis  fi  iencl.sliip  with  all,  and  the 
respect  all  eniertained  for  him,  nearly  all  the  peo|)l(!  of  IJarahoini  were  in  the  liabitof  taking 
their  effects  to  his  house;  and  as  many  a.->  could  slept  tlieie  wIhmi  any  distuibance  was  ap- 
prehended, and  there  was  nr)  military  force  or  authority  in  town  to  maintain  order;  ixiid 
neither  he  nor  any  one  in  his  hon>e  were  ever  molested  until  the  arrival  of  the  troops  under 
command  of  (Jeneral  (iarcia,  on  the  14th  August. 

Whi-n  the  revolutionary  jtarly  took  possession  of  tlio  town,  some  of  the  chief  officers  went 
toliis  house,  according  to  a  custom  for  several  years  past,  when  the  town  has  been  occupied 


DAVIS   IIATCn.  19 

by  new  authorities,  until  they  could  make  permnncnt  arrangements  elsewhere.     This  has 
been  in  consequence  of  the  extraordinary  size  of  the  iintise,  and  of  its  centra!  position. 

General  Garcia  likewise  occupied  it  with  all  his  staff  when  he  took  possession  of  the  town 
on  the  14th  August. 

FERNANDO  FELIZ,  Alcalde. 

ELI  AS  R  ANNUS. 

SINFERIO  BATISTA. 


WA.sniNGTON,  June  9,  1870. 
Raymond  H.  Perry  sworn  and  examined  : 

By  the  Chairman  : 

Question.  What  is  your  official  position  ? — Answer.  I  am  at  present  commercial  agent  of 
the  United  States  at  San  Domingo. 
Q.  Whcu  did  you  assume  the  duties  of  the  office? — A.  On  the  16th  of  November,  1869. 

By  Mr.  Howard  : 

Q.  When  were  you  commissioned  as  commercial  agent  at  San  Domingo  ? — A.  The  last  of 
October,  1869 ;  I  do  not  remiunber  the  exact  date. 

Q.  And  when  did  you  arrive  there? — A.  About  the  12th  of  November  ;  and  I  relieved  Mr. 
Smith,  my  predecessor,  on  the  I6th. 

Q.  If  any  other  Americans  accompanied  you  to  San  Domingo,  state  who  they  were.— A. 
Mr.  Prime,  now  the  resident  manager  of  the  National  Bank  of  San  Domingo,  .and  Mr.  Fabens 
were  on  the  steamer. 

Q.  Did  you  receive  a  formal  commission  from  the  President  of  the  United  States  ? — A. 
My  commission  as  commercial  agent  was  from  the  State  Department,  signed  by  Hamilton 
Fi>h.  I  am  not  a  full  consul ;  full  consuls  receive  commissions  from  the  President,  com- 
mercial agents  from  the  Secretary  of  State. 

Q.  Ycm  received  a  paper  giving  you  authority  to  act  ? — A.  Yes,  sir. 

Q.  What  other  function  did  your  commission  bestow  upon  you  except  that  of  commercial 
agent? — A.  None. 

Q.  Did  it  authorize  you  to  form  a  treaty  ? — A.  No,  sir ;  that  was  a  separate  commission, 
which  was  brought  out  on  the  Albany  by  General  Babcock. 

Q.  What  was  the  date  of  that? — A.  I  have  it  here,  (presenting  a  paper;)  this  is  my 
original  commission  from  the  President,  dated  November  (5,  1869  : 

"  Ulysses  S.  Grant,  President  of  the  United  States  of  America, 

"  To  all  to  whom  these  presents  may  come,  greeting  : 

"Know  ye  that,  reposing  special  trust  and  confidence  in  the  integrity,  prudence,  and  abili- 
ties of  Raymond  H.  Perry,  commercial  agent  of  the  United  States  at  the  city  of  Domingo, 
in  the  Dominican  Republic,  I  have  invested  him  with  full  and  all  manner  of  power  and  au- 
thority, for  and  in  the  name  of  the  United  States,  to  meet  and  confer  with  any  person  or 
persons  duly  authorized  by  the  government  of  the  Dominican  Republic,  being  invested  with 
like  power  and  authority,  and  with  him  or  them  to  agree,  treat,  consult,  and  negotiate  of  and 
concerning  the  cession  of  the  dominions  and  sovereignty  of  the  Dominicau  Republic  to  the 
United  States,  and  also  of  and  concerning  a  lease  to  the  United  States  of  the  portion  of 
such  domains  contiguous  to  the  Bay  of  Samana,  including  the  said  bay,  and  all  matters  and 
subjects  connected  therewith ;  and  to  conclude  and  sign  a  treaty  or  treaties,  convention  or 
conventions,  touching  the  premises,  transmitting  the  same  to  the  President  of  the  United 
States  for  his  ratification,  by  and  with  the  advice  and  consent  of  the  Senate  thereof. 

"In  testimony  whereof  I  have  hereunto  set  my  hand  and  seal,  and  caused  the  seal  of  the 
United  States  to  be  affixed. 

"Done  in  the  city  of  Washington,  the  sixth  day  of  November,  in  the  year  of  our  Lord 
1869,  and  of  the  independence  of  the  United  States  of  America  the  ninety  fourth. 

[L.  s.]  "U.S.GRANT. 

"  By  the  President: 

"  Hamilton  Fish,  Secretary  of  State.'" 

Q.  Where  were  yoir  when  you  received  this  document  ?— A.  At  San  Domingo  City. 

Q.  At  what  time  did  you  receive  it? — A.  On  or  about  the  18th  of  November,  1869. 

Q.  Did  any  other  person,  so  far  as  you  know,  hold  a  similar  authority  from  the  President 
of  the  United  States  in  regard  to  the  formation  of  a  treaty  ? — A.  No,  sir. 

Q  Did  you,  while  there,  hear  of  any  other  person  having  any  official  authority  from  the 
President  of  the  United  States  to  negotiate  respecting  that  treaty  ? — A    No,  sir. 

Q.  Do  you  believe  there  was  any  such  person  there  ? — A.  Not  officially  ;  not  with  a  com- 
mission. 

Q.  So  that,  so  far  as  you  know  or  have  reason  to  believe,  you  can  say,  I  suppose,  that 
you  were  the  sole  person  authorized  officially,  by  formal  document,  to  negotiate  respecting 
the  formation  of  that  treaty  ? — A.  Yes.  sir 


20  DAVIS    HATCH. 

Q.  Dill  you  there  become  acquainted  with  a  man  by  the  name  of  Hatch  ? — A.  Yes,  sir. 

Q.  Where  was  he  when  you  became  acquainted  with  him,  and  who  introduced  you  to 
him  or  him  to  you? — A.  It  was  after  his  release  that  I  became  acquainted  with  him  ;  I  had 
demanded  his  release. 

Q.  What  condition  was  he  in  when  you  first  knew  of  his  being  there? — A.  He  was  in 
confinement  at  Azua. 

Q.  Did  you  understand  for  what  he  was  there  in  confinement  ? — A.  I  understood  that  he 
had  been  assisting'  Cabral  in  different  ways,  and  also  Baez. 

Q.  Did  you  understand  that  he  was  charged  with  the  offense  of  having  assisted  Cabral's 
party  ? — A.  Yes,  sir. 

Q.  Did  you  understand  that  he  had  been  tried  on  charges  before  a  court-martial  ? — A. 
Yes,  sir. 

Q.  Go  on  and  state  all  you  know  about  that  trial. — A.  If  I  am  to  go  into  the  question  of 
San  Domingo  I  shall  have  to  go  into  a  broad  scope,  and  I  would  rather  that  you  should  put 
to  me  questions  and  ask  me  to  answer  them  specifically. 

Q.  Did  you  understand  what  was  the  result  of  the  trial  ? — A.  He  was  sentenced  to  death, 
and  the  sentence  was  commuted  to  banishment  from  the  island,  in  October,  1869. 

Q.  Commuted  by  the  President  of  the  lepublic,  Baez  ? — A.  Yes,  sir.  When  I  first  went 
to  San  Domingo,  there  were  three  or  four  Dominicans  who  had  taken  protection  in  the  com- 
mercial agency,  men  who  had  deserted  from  Baez's  army,  and  one  of  them  was  guilty  of 
murder.  I  got  rid  of  those  men  on  my  arrival.  I  did  not  think  it  was  proper  to  give  such 
men  protection  ;  I  thought  it  was  weakening  the  authorities  tliere  by  protecting  such  men. 
I  stated  so  to  the  government  there,  and  also  to  the  State  Department  at  Washington. 

By  Mr.  SciiURZ: 
Q.  Were  they  Dominicans? — A.  Yes,  sir;  and  when  I  turned  those  men  over  to  Presi- 
dent Baez,  he  promised  nie  that  he  would  release  Hatch  at  once  ;  that  he  would  have  him 
sent  up  immediately  from  Azua.  I  called  upon  him  several  times  about  it,  but  they  kept 
delaying  it  and  postponing  it,  and  he  was  detained  six  or  seven  months  after  they  had 
promised  to  release  him. 

By  Mr.  Howard  : 

Q.  W^hile  you  were  there,  of  course  you  had  some  conversation  from  time  to  time  respect- 
ing the  imprisonment  of  Hatch,  and  the  causes  ot  his  imprisonment,  and  the  nature  of  his 
trial  State  to  the  committee  whether  you  heard  any  complaint  made  by  him,  or  by  hi.s 
friends,  that  the  proceedings  on  his  trial  were  contrary  to  the  course  of  the  law  which  pre- 
vailed on  the  island. — A.  Yes,  sir  ;  I  did  understand  so. 

Q.  State  what  was  the  irregularity  or  defect  in  the  proceedings  which  was  complained  of. — 
A.  I  understood  from  his  friends,  and  also  from  himself,  that  he  was  allowed  no  time  to  pro- 
cure witnesses,  and  that  the  men  who  were  brought  against  him  as  witnesses  were  men  who 
had    been  confined  in  prison,  and  after  their  evidence  was  given  thej'  wen;  released. 

Q.  My  inquiry  relates  jiarticularly  to  the  formalities  of  the  trial :  whether  in  the  trial  there 
was  any  dc'|)arture  from  tlie  usual  forms  of  law  observed  in  that  republic  ? — A.  I  did  not  hear 
that  there  was. 

Mr.  Sciiuii/,.  Allow  me  to  ask  here  whether  the  witness  is  acquainted  with  the  tisual  forms 
of  trial  observed  in  Kan  Domingo. 

Mr.  Howard.  My  question  is  not  whether  he  understood  wliat  the  forms  were,  but  whether 
he  heard  any  couiplaiut  that  thee  was  any  departure  from  tlie  forms;  but  I  have  no  objec- 
tion to  liis  answering  the  question  of  General  fSchuiz. 

'i'lie  Wrr.NE<.''<.  My  opinion  of  the  furms  of  trial,  and  also  in  relation  to  military  matters 
and  ever}  tiling  else  tlieic,  is  not  a  very  exalted  one.  Everything  is  done  entirely  under  the 
influence  of  the  President.     Even  tlie  senate  is  liandled  completely  by  his  will. 

By  Mr.  Howard  : 

Q.  I  will  read  to  you  two  sentences  from  the  statement  of  Mr.  Hatcli,  contained  in  his 
petition,  in  order  to  call  your  attention  to  the  matters  there  slated:  "  On  the  Kith  of  Novem- 
ber the  undersigned  was  iiifornicd  (inidflieially,  but  by  a  jierson  in  the  cdiifidcnce  of  the 
governor,  and  coming  dir(!clly  lri>iii  hini)  that  lie  was  to  embark  the  ne.xt  day  in  the  guvern- 
mentschooner  Capotilln,  but  letunied  again  in  liie  evening  and  informed  him  tliat  orders  had 
just  been  received  to  liold  him  in  iiri.-ion  until  further  orders.  The  undersigned  firmly  be- 
lieves tiiat  the  reason  for  tiiis  change  was  in  consequence  of  the  anival  in  San  Domingo, 
on  tlie  J2th  day  of  November,  of  the  new  commercial  agent,  Mr.  U.  11.  Perry."  Have  you 
any  ntcolicction  of  the  evc^nts  of  the  pc'rind  referred  to  in  this  slati'inent? — A.   No,  sir. 

Q.  Stale  to  ihe  comnuttiM!  whether  you  at  hut  lime,  directly  or  iiidiicclly,  interfered  with 
the  authorities  at  San  Domingo  to  iiave  Mr.  Hatch  longer  detained  ? — A.  1  did  eveiythingi 
could  from  the  moment  I  arrived  in  San  Domingo  to  iiave  him  ndcMised. 

Q.  Answer  my  (juestion  distinctly  ;  did  you  interfere,  directly  or  indirectly,  to  have  him 
deiained  longer? — A.  No,  sir. 

Q.  Again  lie  says  :  "The  undersigned  wrote  four  letters  to  Mr.  Por^y,  after  hearing  of 
Lis  arrival — the  last  one  dated  on  the  Gthof  December — informing  him  of  what  his  prcdeces- 


DAVIS    HATCH.  21 

8or  had  douo  in  his  cui'e,  aud  what  the  q;ovoi'nnient  had  promised  in  regard  to  his  release, 
and  requested  him  to  renew  the  demand  ;  but  no  letter  or  message  was  ever  receiveil  from 
him,  nor  did  the  undersit^ned  know  that  ho  had  done  anytliin^  to  obtain  his  velease  until  the 
day  before  he  was  released."     Have  you  any  remarks  to  make  about  that  ?  —  \.  No,  sir. 

Q.  Did  you  ever  receive  letter.s  from  Mr.  Hatch  requesting  you  to  interfere  to  obtain  his 
release  ? — A.  Yes,  sir,  I  received  several. 

Q.  Did  you  reply  to  them  ?— A.  I  did  not. 

By  Mr.  Williams  : 
Q.  Why  did  you  not  reply  ? — A.  From  the  time  I  received  my  commission  in  Washington 
I  had  been  influenced  against  that  man  by  all  parties  who  had  been  concerned  with  this  an- 
nexation movement  and  concerned  with  the  island,  and  had  been  advised  by  all  those  par- 
ties not  to  intercede  for  his  release. 

By  Mr.  Feiiry  : 

Q.  Name  the  parties. — A.  I  understood  hero  in  Washington,  when  I  first  started  for  San 
Domingo,  that  Mr.  Smith  had  been  relieved  because  he  was  not  the  right  man  in  San  Do- 
mingo at  this  time  to  bring  about  this  annexation  movement ;  that  he  was  opposed  to  parties 
there ;  and  Mr.  Fabens  also  told  me  on  my  way  down  that  he  hoped  I  would  not  intercede 
in  this  man's  behalf;  that  ho  would  be  a  barrier  to  annexation,  and  also  a  great  enemy 
him  and  Mr.  Cazneau. 

Q.  Give  the  first  names  of  Fabens  and  Cazneau. — A.  Joseph  W.  Fabens  ;  William  L, 
Cazneau. 

By  Mr.  Howard  : 

Q.  So  that  you  did  not  reply  to  Mr.  Hatch's  letters  ? — A.  I  did  not. reply  to  his  letters  ;  but 
I  sent  him  two  or  three  messages,  by  parties  who  were  going  direct  to  Azua,  that  I  would 
do  all  I  could  to  obtain  his  release. 

Q.  When  you  did  interfere  to  obtain  his  release,  were  you  acting  under  instructions  from 
the  State  Department  or  voluntarily  on  your  own  motion  ? — A.  When  I  first  went  tbere,  I 
did  it  voluntarily  on  my  own  motion ;  but  after  getting  the  order  from  the  State  Department 
I  insisted  upon  it  and  demanded  it. 

By  the  Chairman  : 
Q.  State  the  date  of  that  order. — A.  I  have  it  at  my  hotel ;  it  was  some  time  in  January, 
1870. 

By  Mr.  Howard: 

Q.  Was  it  in  a  dispatch  from  the  Secretary  of  State? — A.  Yes,  sir. 

Q.  Instructing  you  to  do  what  ? — A.  xVt  first  he  told  me  to  use  my  good  ofiices  in  Mr. 
Hatch's  behalf;  did  not  give  me  any  direct  orders.  The  next  official  communication  I 
got  was  a  direct  order  to  demand  his  immediate  release,  which  I  did  do.  They  tried  to  put  me 
off  again,  saying  that  he  would  correspond  with  the  papers  of  the  North  and  influence  par- 
ties against  annexation.  This  was  the  excuse  iJaez  and  Gautier  made  ;  and  then  I  wrote  a 
long  communication  to  Gautier — a  copy  of  which  is  in  the  State  Department,  which  they  did 
not  answer — saying  that  their  excuses  were  not  sufficient  grounds  to  hold  the  man.  They 
gave  me  no  answer,  and  I  called  the  next  morning.  They  wished  to  put  it  oti"  until  I  could 
write  further  to  Washington  about  it,  which  would  have  taken  about  two  months.  I  then 
went  to  my  house  and  wrote  another  communication  demanding  his  immediate  release,  naming 
that  afternoon  for  an  answer.  They  did  not  give  mo  an  answer  that  afternoon,  and  so  I  re- 
ferred the  matter  to  Admiral  Poor,  going  out  to  his  vessel  to  see  him  on  the  subject.  He  got 
in  his  boat  immediately,  came  ashore  with  me,  and  demanded  Mr.  Hatch's  release  within 
forty-eight  hours. 

Q.  And  he  was  released  ? — A.  Yes,  sir. 

Q.  What  became  of  him  ;  do  you  know? — A.  Ho  came  up  from  Azua  to  San  Domingo, 
and  went  on  the  man-of-war  Antic  to  Havana,  and  returned  on  the  Spanish  steamer  on  the 
way  to  St.  Thomas;  landed  at  San  Domingo  by  permission  of  Admiral  Poor,  obtained  his 
trunks,  papers,  books,  &c.,  and  then  went  on  his  voyage  to  St.  Thomas,  where  1  under- 
stand he  now  is. 

Q.  Have  you  any  reason  to  suppose  he  has  come  to  the  United  States  ? — A.  I  do  not 
know.  He  may  be  in  New  York  at  this  moment  for  aught  I  know.  The  last  I  heard  of 
him  he  was  in  St.  Thomas. 

Q.  How  long  ago  was  that? — A.  It  was  about  three  weeks  ago.  I  will  give  you  my 
reasons  for  not  wishing  to  correspond  with  hira  or  any  one  since  I  have  been  in  Snn  Do- 
mingo. I  have  been  very  cautious  about  writing  letters  to  any  one  except  the  State  Depart- 
ment, because  I  was  holding  a  peculiar  position  there  as  plenipotentiary  and  commercial 
agent  at  the  same  time,  and  I  was  very  cautious  about  signing  any  papers  or  writing  any 
letters  to  any  one.     Those  I  have  written  I  have  very  carefully  kept  copies  of. 

Q.  But  you  say  you  sent  him  verbal  messages  ?— A.  I  sent  him  two  or  three  verbal  mes- 
sages that  I  would  intercede  in  his  behalf,  and  do  what  I  could  for  him ;  and  those  mesflugea 
I  know  were  delivered.     I  have  seen  Mr.  Hatch  since. 


22  DAVIS    HATCH. 

Q.  Did  he  say  that  he  received  the  verbal  messages  ? — A.  Yes,  sir. 

Q.  About  what  time  did  you  send  those  verbal  messages  ? — A.  I  sent  him  one  shortly 
after  my  arrival. 

Q.  That  was  about  what  date? — A.  He  must  have  received  almost  immediately  one 
message  in  a  letter  from  Mr.  Smith  ;  Mr.  Smith  wrote  him  that  I  would  do  all  I  could  to 
obtain  bis  release ;  he  must  have  received  that  letter  about  the  20th  of  November. 

By  Mr.  SCHURZ ; 
Q.  Was  Mr.  Smith  at  that  time  in  San  Domingo  ? — A.  Yes,  sir;  I  relieved  Mr.  Smith,  and 
he  wrote  a  letter  to  Mr.  Hatch  before  he  left. 

By  Mr.  Howard  : 

Q.  You  certainly  sent  him  those  messages  long  before  the  date  of  his  document  from 
•which  I  have  read  to  you,  which  is  May  J 3,  1870  ? — A.  Yes,  sir. 

Q.  How  long,  in  the  whole,  were  you  resident  in  the  island  of  San  Domingo? — A. 
About  seven  motiths. 

Q.  Was  Mr.  Hatch  on  the  island  during  all  that  time? — A.  Nearly  all  the  time;  he  left 
a  tew  weeks  ago  ;  he  was  in  confinement  all  the  time  I  was  there. 

Q.  Did  you  become  vvell  acquainted  with  the  character,  the  reputation  of  Mr.  Hatch 
•while  you  were  there  ? — A.   Yes,  sir. 

Q.  State  to  the  committee  what  was  generally  said  of  his  character  as  an  honest  man. — 
A.  He  stands  among  the  merchants  of  San  Domingo  as  A  No.  1  in  regard  to  honesty  in  his 
business  connections      I  have  heard  all  the  merchants  .^peak  very  well  of  him. 

Q.  Was  he  a  man  of  property  ? — A.  He  had  means  ;  he  had  a  store  and  was  engaged  in 
the  salt  mines  ;  I  understand  he  was  agent  of  the  salt  mines  for  parties  in  New  Yoik. 

Q.  Do  you  mean  to  say  that  he  owned  property  there  in  his  own  right,  or  was  it  owned 
by  the  assoiiation  whose  agent  he  was? — A.  He  was  the  agent  for  property,  and  he  had 
property  in  his  own  right. 

Q.  Did  he  own  a  farm  ? — A.  He  had  a  house  and  owned  some  land. 

Q.  Had  he  his  family  there  ? — A.  No,  sir  ;  his  family  are  living  in  Connecticut. 

Q.  Had  he  no  family  with  him  ? — A.  None  with  liim  on  the  island. 

By  Mr.  William.s  : 

Q.  You  say  that  certain  persons  influenced  you  hot  to  intercede  for  the  release  of  Mr. 
Hatch  because  he  would  oppose  annexation.  On  what  ground  did  they  say  he  would  op- 
pose annexation  ? — A.  Because  be  was  opposed  to  Baez  and  these  men,  Cazneau  and  Fabens, 
and  their  trieiids,  who  were  working  for  annexation. 

Q.  Did  you  understand  from  thf  se  representations  that  ho  sympathized  with  Cabral,  or  was 
with  Cabral  as  against  Baiz?  Was  that  the  allegation  which  was  made  against  him  ? — A. 
No,  sir ;  I  never  understood  that  he  sided  more  with  Cabral  than  he  did  with  Baez.  There 
lias  been  ahnost  constant  war  in  the  island.  Sometimes  one  j  arty  is  in  power  and  some- 
times another. 

Q.  You  say  you  understood  tliat  he  was  opposed  to  Baez  ? — A.  Yes  ;  but  he  is  opposed  to 
Baez  only  since  Baez  has  imprisonsd  him  and  persecuted  him  tlio  way  he  has.  He  is  now 
bitterly  opposed  to  him.  He  told  mo  in  San  Domingo  City,  after  he  was  released  that  ho 
was  not  opposed  t  j  annexation,  and  was  strongly  in  favor  of  it,  inasmuch  as  his  interests 
lay  entirely  in  that  way  ;  but  he  had  been  so  persecuted  by  these  parties  that  it  had  made  him 
bitter  against  them,  and  for  revenge  he  would  take  these  steps. 

By  llie  Chairman: 

Q.  What  parties? — A.  Baez  and  his  party,  and  Cazneau  and  Fabens,  and  their  friends. 
By  Mr.  Wim.iam.s: 

Q.  You  understood,  then,  that  Fabens  and  Cazneau  and  Baez  were  on  one  side,  and  Hatch 
on  the  other ;  that  tliey  had  (piarreled? — A.  Yes. 

Q.  They  represenied  to  you  tiiat  he  was  opposed  to  annexation,  and  would  interfere  to 
prevent  annexation  ? — A.   Yes,  sir. 

Q.  And  tlierelore  they  tliought  it  not  advisable  to  have  him  released? — A.  Yes,  sir. 

(^.  He  represented  to  you  that  he  was  in  favor  of  annexation,  but  said  he  would  oppose 
them  for  nveuge? — A.  Yes,  on  account  of  the  manner  in  which  he  had  been  treated. 

By  Mr.  VicKERS: 

Q.  When  you  applied  for  Mr.  Hatch's  release,  what  reason  did  Baez  and  his  friends  assign 
for  not  releasing  liiiii  ?  —  A.  'I  lie  coiilincinent  of  Hatch  was  entiii'l^-  tlirough  the  influence  of 
(/'aznran.  f)ne  morning,  sliorlly  after  1  got  the  first  coMiinunieiitioii  from  the  Slate  Depart- 
ment, asking  ine  to  use  my  good  oflices  in  Mr.  Hatch's  Ijclialf,  to  do  what  I  could  to  secure 
his  release,  I  went  to  I'resideiil  Baez's  room.  an<l  retiur-sied  tiio  release  of  Hatch.  1  met 
Mr.  Cazneau  in  the  ro(  in  ;  and  wlien  I- made  thi^  recpiest  of  Baez,  Cazneiiu  opposed  it  openly. 
At  the  Hi\u\o  time  Cazneau  was  interctding  ("or  two  Doiniiiicaiis,  wiio  had  l)een  guilty  of 
niurder  at  Saniana  Bay,  and  I'm  z  in  my  picfencc  promised  liini  th(^  release  of  those  two  men. 
Then  I  spoke  to  Baez,  and  told  him  that  I  thought  it  was  outrageous  that  an  American 


DAVIS    HATCH.  23 

citizen,  like  Cazneau.  cominp;  from  Texas,  as  he  diJ,  should  be  iiiterccdinf^iu  behalf  of  those 
Domiuicaiis,  and  obtaiiiiiif^  their  release,  when  I  was  asking  for  the  release  of  an  American 
citizen,  and  could  not  obtain  it. 

By  Mr.  Howard  : 
Q.  Is  Cazneau  from  Texas  ? — A.  Yes,  sir ;  from  Eagle  Pass. 
Q.  Was  he  a  confederate  ? — A.  Yes,  sir. 
Q.  In  the  confederate  service? — A.  I  am  not  very  certain  about  that. 

By  Mr.  SciiURZ  : 
Q.  Was  he  a  sympathizer  with  the  rebellion  ? — A.  He  sympathized  very  strongly  with  it. 
That  was  one  ground  Hatch  used  against  him  when  he  was  sought  to  be  appointed  minister 
from  tlie  United  States  at  San  Domingo. 

By  Mr.  ViCKERS : 

Q.  What  reply  did  Baez  make  to  that? — A.  He  admitted  to  me  that  it  was  partly  through 
Cazneau's  intluence,  and  I  asked  him  why  it  was  that  Cazneau  had  such  influence  over 
him.  He  told  me  that  Cazneau  was  in  direct  correspondence  with  the  President  of  the 
United  States,  and  knew  of  all  the  plans  of  our  government,  and  knew  the  wishes  of  our 
government.  I  know  myself  that  Cazneau  was  in  direct  communication  with  the  depart- 
ments here. 

By  the  Chairman  : 

Q.  Had  he  anything  to  do  with  the  making  of  the  treaty  ? — A.  No,  sir ;  but  I  understand 
that  it  was  he  and  his  party  that  fiist  started  the  annexation  movement. 

Q.  Had  he  anything  to  do  with  making  the  treaty  that  you  signed? — A.  No,  sir;  but  he 
was  present  during  all  the  interviews  and  all  the  conversations. 

Q.  Did  he  hold  any  official  position? — A.  No  official  position. 

Q.  Did  anything  come  under  your  observation  or  knowledge,  while  there  in  your  official 
capacity,  in  regard  to  Hatch  giving  to  some  ship,  or  vessel  of  some  kind,  a  bill  of  health 
or  some  permit  to  go  to  sea? — A.  I  have  heard,  but  not  directly,  that  some  such  transaction 
did  take  place  ;  but  that  vessel  has  been  captured. 

Q.  Was  there  any  such  charge  made  against  Hatch  by  Baez  and  those  people? — A.  I 
think  there  was.     All  the  charges  are  in  the  State  Di^partment. 

Q.  What  was  that  charge  in  substance? — A.  It  was  assisting  a  vessel  of  Cabral's  to  clear 
from  one  of  the  ports  on  the  San  Domingo  coast. 

By  Mr.  Schurz  : 
Q.  Did  Baez  allege  that  as  one  of  the  grounds  why  Hatch  should  not  be  released? — A.   I 
think  he  did.     I  think  that  is  included  in  the  charges  at  the  department. 

By  the  Chairman  : 

Q.  At  what  time  was  it  claimed  that  he  had  assisted  that  vessel  to  get  out  of  port  ? — A. 
That  was  before  my  arrival  there.     It  was  some  two  or  three  months  before  my  arrival. 

Q.  Did  you  learn  what  that  vessel  did  ;  what  character  of  vessel  it  was? — A.  Yes,  sir  ;  I 
understood  that  she  was  there  with  a  party  opposed  to  Baez,  and  was  at  San  Domingo,  and 
two  of  the  Dominican  gunboats,  two  small  schooners,  went  there  to  capture  her.  She 
cleared  from  the  port,  and  she  was  afterward  captured  and  taken  to  St.  Thomas,  where  they 
have  had  a  long  law-suit  about  her ;  and  she  has  been  cleared  and  her  owners  brought  a 
claim  for  !|12,UU0  damages  against  Baez. 

Q.  Was  she  claimed  to  be  what  they  called  a  rebel  craft? — A.  No,  sir;  they  could  not 
bring  her  under  the  head  of  a  rebel  craft. 

Q.  Was  that  what  they  claimed  ? — A.  The  Baez  party  so  claimed. 

Q.  Did  you  hear  of  her  tiring  into  ports  ? — A.  1  heard  that  she  did  fire  some  shots  into 
Porta  Plata. 

Q.  Who  was  in  command  of  her? — A.  I  think  Luperon  at  the  time. 

Q.  Did  he  belong  to  the  party  of  Baez  or  of  Cabral  ? — A.  Of  Cabral's  party. 

Q.   Was  it  a  Dominican  port  that  she  fired  into  ? — A.  Yes,  sir. 

Q.  Do  you  know  anything  about  an  order  having  been  sent  from  Washington  to  our  men- 
of-war  to  capture  that  craft? — A.  I  heard  that  there  was  such  an  order. 

Q.  Do  you  know  of  any  vessel  having  brought  additional  coal  to  coal  a  vessel  to  go  after 
her  ? — A.  No,  sir. 

Q.  By  whom  was  she  captured  ? — A.  I  do  not  know  much  aboiit  the  particulars  of  the 
capture.     It  took  place  before  I  arrived. 

Q.  Did  you  ever  converse  with  Hatch  about  that  vessel? — A.  No,  sir  ;  I  did  not  see  Hatch 
more  than  three-quarters  of  an  hour  the  first  time  ;  he  went  right  off  the  same  night  that  he 
arrived ;  and  I  saw  him  about  an  hour  the  next  time  I  met  him. 

Q.  Did  this  transaction  take  place  before  Mr.  Hatch's  arrest? — A.  It  must  have  taken 
place  before  his  arrest. 


24  DAVIS   HATCH. 

Q.  How  long  was  this  before  you  got  there  ? — A.  It  must  have  been  fully  three  months 
before. 

Q.  Was  the  vessel  captured  before  you  got  there? — A.  Yes,  sir. 

Q.  And  you  do  not  know  by  whom  f — A.  I  do  not. 

Q.  When  was  the  matter  adjudicated  ? — A.  About  a  month  ago.  I  got  the  news  from  St. 
Thomas  two  weeks  before  I  lefi  San  Domingo. 

Q.  The  question  whether  or  not  she  was  a  rebel  craft  has  been  determined  since  the  re- 
lease of  Mr.  Hatch  ? — A.  Yes,  sir. 

By  Mr.  Howard  : 
Q.  Where  was  the  treaty  of  annexation  prepared  ? — A.  It  was  prepared  at  President  Baez's 
headquarters,  and  signed  in  my  office  in  San  Domingo. 

By  Mr.  YlCKERS : 

Q.  When  you  received  the  directions  of  the  government  to  demand  Hatch's  release  and 
jTou  went  to  Baez,  what  did  j-ou  say  to  him  and  what  was  his  reply  then  ? — A.  It  was  in  a 
written  communication,  a  copy  of  which  is  now  in  the  State  Department. 

Q.  Did  Baez  reply  in  writing? — A.  They  replied  in  writing  that  they  wished  to  defer  the 
matter;  that  they  had  given  their  reasons  for  not  releasing  him,  and  they  still  thought  he 
wouLJ  be  an  injury  to  the  treaty  ;  "  prejudice  the  people  of  the  North  "  was  the  expression. 

Q.  Did  you  make  any  second  demand  in  person  for  his  release  ? — A.  I  sent  the  letter  in 
the  afiernoon,  and  called  the  next  morning  for  an  answer.  They  wished  to  defer  the  answer ; 
they  wished  me  to  write  another  communication  to  the  State  Department  at  Washington, 
again  explaining  the  reasons  why  they  kept  him  in  confinement.  I  told  them  I  could  not 
wait  longer,  that  I  must  have  his  inunediate  release.  I  went  then  to  my  house,  wrote  a  short 
communication  demanding  his  immediate  release,  and  asking  an  answer  that  at'tcrnoon.  The 
answer  did  not  come,  and  I  went  to  Admiral  Poor's  vessel.  He  came  on  shore  with  u)e  and 
demanded  Mr.  Hatch's  release.  They  gave  him  the  same  excuse  they  had  given  me,  saying 
he  would  write  to  the  press  of  the  North  and  work  against  Baez  and  his  party. 

By  Mr.  Ferry  : 

Q.  You  say  that  when  you  first  went  out  to  San  Domingo  Mr.  J.  W.  Fabens  went  out 
■with  you  ? — A.  Yes,  sir. 

Q.  And  you  had  heard  of  Mr.  Hatch's  case  before  you  went  out,  or  on  your  way  out  ? — A. 
Yes,  sir. 

Q.  Which  was  it,  before  you  went  out,  or  on  tlie  way  out,  that  you  heard  of  his  case? — 
A.  General  Babcock  first  spoke  of  his  case  at  the  Executive  Mansion,  before  I  started  from 
here. 

Q.  What  did  he  say  to  you  about  his  case? — A.  Ho  told  mo  the  circumstances  of  his 
case,  and  that  he  would  rather  I  should  not  intercede  in  his  behalf;  and  he  also  told  mo  the 
same  tiling  in  San  Domingo. 

Q.  What  reason  did  Babcock  give  for  you  not  interceding? — A.  He  argued  the  same 
thai  Baez  and  his  party  did,  that  Hatch  would  work  against  annexation,  and  tiiat  he  was  an 
enemy  to  Cazncau  and  his  friends. 

Q.  That  was  before  you  got  to  San  Domingo  ?— A.  That  was  before  I  sailed  on  the 
steamer. 

Q.  And  Fabens  was  on  the  same  steamer  with  you  ? — A.  Yes,  sir. 

Q.  On  your  arrival  at  San  Domingo  did  Mr.  Smith,  your  predecessor,  communicate  to 
you  the  particulars  of  Mr.  Hatch's  case  ? — A.  Yes,  sir.  He  told  me  that  ho  was  kept  there 
entirely  througli  the  influence  of  Fabens  ami  Cazneau. 

Q.  Is  Fabens  un  American  citizen  ? — A.  Yes,  sir. 

By  Mr.  Vicker.'!  : 
Q.  Where  is  he  now  1 — A.  I  think  he  is  in  New  York. 

By  Mr.  Fr.RUV  : 

Q.  Did  Mr.  Smith  request  you  to  cmitinuo  the  intercessions  in  behalf  of  Mr.  Jlatdi  I  — 
A.  Ho  asked  me  if  I  would  do  it.  I  told  him  that  as  soon  as  I  examiiu'd  into  the  case  I 
might  he  able  to  do  something  for  liim,  but  I  could  not  at  present  because  I  wanted  to 
know  the  truth  of  tiio  matter. 

Q.  'J'lien  you  received  those  letters  from  Mr.  Hatch  and  sent  liiin  some  messages  7 — A.  I 
sent  him  nnssiigcs.  I  did  not  write  to  liim,  because  I  did  not  wish  to  put  myself  in  his 
power,  one  wtiy  or  the  other. 

Q.  How  long  after  your  arrival  was  it  before  Ceneral  Babcock  arrived  ? — A.  It  was  only 
some  four  or  five  days. 

Q.  Yon  have  been  iii(juir<'d  of  as  to  your  jjowcrs  in  negotiating  tiiat  treaty.  Now,  I  de- 
sire to  ask  you  what  wvu'.  your  instructions  iclativc  to  (Jmeral  Babcock,  in  connection  with 
that  treaty? — A.  To  follow  his  instructions,  and  consult  with  him  on  all  points. 


DAVIS    HATCH.  25 

By  Mr.  SciiURZ  : 
Q.  Did  you  receive  those  instructious  in  writinj^? — A.  Yes,  sir;  from  the  State  Depart- 
ment. 

By  the  Chairman  : 

Q.  Have  you  those  instructious  vv^ith  you  ? — A.  No,  sir ;  I  have  them  at  Willard's  Hotel. 
I  hdve  a  copy  witli  me. 

Q.  Will  yon  produce  that? — A,  These  are  documents  from  the  State  Department,  Ac- 
cordinor  to  the  consular  reguhitions,  I  have  no  right  to  show  to  anybody  the  communications 
between  tiie  State  Departuient  and  myself.  I  can  give  you  a  list  of  ihc  documents,  and  you 
can  call  for  them  from  the  State  Department  if  you  choose. 

By  Mr.  Fi:rry  : 

Q.  State  whether  the  negotiations  with  respect  to  this  treaty  were  participated  in  in  any 
way  by  General  Babcnck. — A.  He  was  sent  on  that  errand,  and  he  was  present  at  every 
interview  with  Baez  and  bis  cabinet,  as  Avas  also  General  Sackett. 

By  Mr.  ScHURZ : 

Q.  Who  is  General  Sackett  7 — A.  He  i*  from  Philadelphia.  He  is  au  officer  in  the  army. 
He  acted  as  interpreter. 

Q.  Did  General  Babcock  conduct  those  negotiations  ;  was  he-  the  principal  man  ? — A, 
Yes,  sir ;  he  was.  He  brought  out  the  full  orders  and  full  particulars  in  relation  to  them, 
and  the  original  directions. 

Q.  Did  you  take  any  active  part  in  those  negotiations  at  all  as  to  stipulating  the  details 
of  the  treaty? — A.  I  was  present  duriug  all  the  conversations  in  relation  to  the  treaty  ;  but 
I  had  very  little  to  say  about  the  treaty  itself. 

Q.  You  had  instructions  from  the  State  Department  to  govern  3'ourself  according  to  the 
instructions  you  should  receive  from  General  Babcock? — A.  Yes,  sir. 

By  Mr.  Ferry  : 

Q.  Wiiile  you  were  there  did  you  have  interviews  or  conversations  with  General  Babcock 
in  relation  to  Mr.  Hatch's  case  after  you  had  informed  yourself  about  it? — A.  Yes,  sir ;  I 
asked  General  Babcock,  the  day  before  the  Albany  left,  why  it  was  that  I  could  not  get  the 
release  of  Mr.  Hatch  ;  that  I  had  been  promised  his  release  a  great  many  times,  but  they 
kept  putting  me  ofl',  time  after  time,  and  I  did  not  like  it.  He  toid  me  1  had  better  not  ap- 
ply for  his  release  ;  at  any  rate  not  to  do  so  until  after  he  had  left  the  island. 

Q.  What  reason  did  he  give? — A.  He  gave  the  same  reason  he  had  given  before,  that 
Hatch  would  work  against  the  treaty,  and  was  an  enemy  fO  that  part}'. 

Q.  After  your  return  to  Washington,  did  you  have  any  conversation  with  General  Bab- 
cock about  the  release  of  Mr.  Hatch?  —  A.  Yes,  sir. 

Q.  When  and  where  was  that  ? — A.  It  was  the  morning  of  the  floral  gathering  at  Arling- 
ton, on  Decoration  Day.  I  met  General  Babcock  on  that  morning  at  ten  o'clock,  or  a  little 
after  ten.  We  were  s))eaking  about  one  matter  or  another,  about  San  Domingo;  and  he 
said  that  it  was  a  great  pity  tiiat  I  had  had  that  man  Hatch  released.  I  told  him  that  I  had 
direct  orders  from  the  State  Department  to  secure  his  release.  Then  he  said  I  could  not 
help  it,  having  received  those  orders  ;  but  it  was  a  mistake,  and  that  the  President  was  very 
much  displeased  about  it. 

Q.  Did  he  say  anything  further  about  it  ? — A.  Nothing  further  in  relation  to  Mr.  Hatch. 

By  Mr.  ScHURZ  : 

Q.  Did  you  have  any  reason  to  suppose  the  President  was  displeased  with  you  ? — A.  I 
thiidc  there  are  a  great  ujany  things  in  relation  to  San  Domingo  that  the  Piesident  knows 
nothingabout.  I  have  written  a  full  history  of  the  matter,  and  1  have  twenty -four  pages  now 
in  my  pocket  that  I  intend  sending  to  the  State  Department  to-morrow,  giving  a  clean 
straightforward  story  of  the  whole  thing,  from  the  time  1  first  went  there  till  I  left.  I  think 
that  is  the  fairest  thing  to  do. 

Mr.  Williams.  That  is  not  an  answer  to  the  question. 

The  Wftne.ss.  I  was  inquired  of  in  relation  to  San  Domingo. 

Mr.  Williams.  You  were  asked  if  you  had  any  reason  to  suppose  the  President  was 
displeased  with  you  in  relation  to  the  release  of  Mr.  Hatch. 

The  Witness.  I  answered  the  question  by  saying  that  there  were  a  great  many  things 
about  San  Domingo  that  the  President  did  not  know  anything  about,  and  so  l^e  should  not 
be  held  responsible  for  them. 

By  Mr.  Ferry  : 

Q.  Had  you  been  down  to  Azua  yourself? — A.  No,  sir. 

Q.  Then  you  did  not  know  the  prison  in  which  Mr.  Platch  was  confined  there  ? — A.  I 
did  not. 

By  Mr.  Sciiurz  : 

Q.  Do  you  know  of  anything  having  been  done  to  procure  the  release  of  Mr.  Hatch  ex- 
cept by  Mr.  Smith  and  yourself?— A.  No,  sir;  nothing  has  been  done. 


26  DAVIS   HATCH. 

Q.  Was  there  nothing  done  to  procure  his  release  while  the  negotiation  of  the  San  Domingo 
treaty  was  going  on  ? — A.  Nothing. 

By  Mr.  Vickers  : 

Q.  How  often  did  you  converse  with  General  Babcock  on  the  subject  of  Mr.  Hatch  par- 
ticularly ? — A.  Several  times  while  we  were  in  San  Domingo.  His  confinement  was  a  thing 
that  annoyed  me. 

Q.  Did  you  speak  of  it  as  a  great  outrage  upon  an  American  citizen  ? — A.  I  considered 
it  so. 

Q.  Did  you  speak  to  General  Babcock  on  the  subject  with  feeling  and  with  earnestness? — 
A.  Yes,  sir. 

Q.  Did  you  express  an  earnest  desire  that  he  should  interfere  7 

The  Chairman.  The  witness  had  better  state  what  he  did  say. 

The  Witness.  I  told  General  Babcock  that  I  thought  it  was  an  outrageous  thing;  that 
Mr.  Hatch  was  a  mere  political  prisoner;  that  a  great  many  political  prisoners  who  were 
more  deeply  engaged  in  the  revolution  than  himself  had  been  pardoned,  some  of  whom  were 
then  living  in  the  country,  and  some  had  been  banished  ;  that  he  was  a  mere  political 
prisoner,  and  an  American  citizen  too,  and  I  thought  he  ought  to  be  released  at  once. 

By  Mr.  ScHURZ : 

Q.  What  was  the  status  of  Mr.  Hatch  then ;  had  his  sentence  then  been  commuted  to 
exile  ? — A.  It  had  been  commuted  to  exile  or  banishment  then. 

Q.  So  that  he  was  virtually  held  after  his  pardon? — A.  Yes,  sir;  his  sentence  of  death 
was  commuted  to  banishment,  in  October,  and  he  was  kept  in  confinement  six  months  after 
that. 

By  Mr.  Vickers  : 
Q.  It  was  during  that  period,  then,  that  you  made  the  application  for  his  release  ?-^A. 
Y'es,  sir. 

By  Mr.  Williams  : 

Q.  You  say  that  you  received  instructions  from  the  State  Department  to  demand  his  im- 
mediate release  at  a  certain  time  ? — A.  Yes,  sir. 

Q.  How  long  was  that  after  General  Babcock  had  left? — A.  It  was  over  two  months. 

Q.  Two  nioutlis  after  he  had  returned  to  Washington  ? — A.  Y''es,  sir. 

Q.  How  was  that  order  procured  ?  by  your  representations? — A.  Yos,  sir.  I  had  written 
to  the  State  Department  several  times  stating  that  Mr.  Hatch  was  kept  there  through  malicious 
purposes  and  for  financial  reasons,  as  I  thought,  because  parties  were  trying  to  get  possession 
of  his  property.  The  salt  mountains  that  he  held  possession  of  have  been  given  out,  since 
the  signing  of  the  treaty,  to  another  party. 

By  Mr.  SciiURZ: 
Q.  To  whom  ? — A.  I  think  Judge  O'SulIivan  holds  the  papers. 
Q.  What  O'SulIivan? — A.  He  is  called  Judge  O'SulIivan.     He  was  here  the  other  day. 

By  Mr.  Williams  : 
Q.  Are  all  your  representations  on  the   subject  among  the  papers  in  the  State  Depart- 
ment?— A.  Yes,  sir  ;  and  I  have  copies  of  them  myself. 

By  Mr.  SciiURZ  : 

Q.  You  say  the  salt  mountain  was  granted  to  or  accjuired  by  Judge  O'SulIivan.  Do 
you  understand  that  Judge  O'SulIivan  holds  it  alone,  or  with  other  parties  ? — A.  I  under- 
stand that  he  holds  it  in  company  witli  other  parties. 

Q.  What  parties,  do  you  know  ? — A.  I  understand  that  the  brother  of  the  President,  Don 
Callus  Bacz,  is  connected  with  him. 

Q.  ArcCazneau  and  l'"abens  in  any  way  connected  with  the  salt  mountain? — A.  I  think 
not  with  tlio  salt  mountain. 

Q,  What  positinn  did  Judge  O'SulIivan  occupy  in  San  Domingo,  or  what  wore  his  rela- 
tions with  th()  government  of  the  Di)iiiinican  ]{(!public  ? — A.  Ho  has  been  tiicre  merely  as 
an  adventurer.     He  has  held  no  regular  oflicial  position. 

Q.  What  were,  to  your  knowledge,  iiis  relations  witli  Cazneau  and  Fabens  ? — A.  They 
have  not  been'  on  fiiendly  terms  at  all. 

By  Mr.  Williams: 

Q.  How  long  has  Cazneau  been  in  San  Domingo? — A.  Several  years;  I  think  eight  or 
ten  years. 

Q.  Tiien,  when  you  say  he  was  a  confederate,  you  mean  a  man  who  sympathized  with 
th(r  confederacy  ? — A.  He  Hym[)alhized  with  the  southern  confederacy  during  the  war,  and 
spoke  ojicnly  in  San  Domingo  in  liivor  of  it. 

Q.  As  you  have  heard  7 — A.  As  I  have  reliably  heard. 


DAVIS    HATCH.  27 

By  Mr.  Schurz  : 
Q.  Do  you  know  what  the  political  proclivities  of  Fabens  were  during  the  war  ? — A.  I 
do  not. 

By  Mr.  Howard  : 

Q.  Can  you  say  anytliing  about  the  feelings  of  the  masses  of  the  people  of  San  Domingo 
in  regard  to  anut'xation  ? — A.  I  think  tiiere  is  a  majority  strongly  in  favor  of  annexation, 
but  we  cannot  get  at  the  opposition,  for  there  has  never  been  a  regular  vote  on  the  island. 

By  Mr.  ScnuRz : 

Q.  In  what  way  was  the  vote  taken  that  was  taken  ? — A.  It  was  entirely  by  force.  The 
prisons  were  full  of  political  prisoners  during  the  election,  and  so  full  tliat  President  Baez 
wanted  Admiral  Poor  to  give  him  a  place  at  Samana  Bay  to  empty  his  prisotis  in,  which 
Admiral  Poor  refused.  He  told  President  Baez  that  he  could  not  make  an  Island  of  Po  of 
Samana. 

By  Mr.  Howard  : 

Q.  Then  you  have  no  doubt  about  the  majority  of  the  people  being  in  favor  of  annexa- 
tion ? — A.  1  think  they  are. 

Q.  What  is  the  ground  of  that  belief  on  your  part? — A.  Because  I  have  heard  it  spoken 
of  very  freely  by  Cabral's  party  and  Baez's  party  both.     Cabral  is  in  favor  of  annexation. 

Q.  While  there,  did  you  mingle  with  tlie  mass  of  the  people  so  as  to  have  an  opportunity 
of  ascertaining  their  sentiment  on  the  subject  ? — A.   Yes,  sir. 

By  Mr.  Schurz: 

Q.  Where  did  you  mingle  with  them  ? — A.  At  Samana,  Porto  Plata,  and  some  twenty  or 
thirty  miles  in  the  country  back  from  San  Domingo  City. 

Q.  Were  you  further  into  the  country  tiian  twenty  or  thirty  miles? — A.  No,  sir. 

Q.  Were  you  anywhere  near  the  Haytien  frontier  ? — A.  No,  sir.  There  has  been  a  great 
deal  of  excitement  since  I  have  been  there,  and  I  did  not  feel  like  going  a  great  way  from 
the  city  of  San  Domingo. 

By  Mr.  Ferry  : 
Q.  Did  you  ever  go  to  Sibal? — A.  No,  sir. 

My  Mr.  Schurz  : 

Q.  You  say  the  election  was  held  by  force.  What  measures  were  adopted  by  Baez  to 
influence  the  electors? — A.  A  list  or  paper  was  opened  in  the  police  headquarters,  and  men 
came  in  and  signed  their  names  for  annexation  Any  man  who  protested  against  it  was 
locked  up.  That  is  the  truth  of  it.  Baez  told  me  that  if  any  man  protested  against  it  he 
would  either  send  him  his  passports  or  confine  him  in  prison.  A  great  many  men,  who  are 
really  in  favor  of  annexation,  are  opposed  to  it  on  account  of  the  manner  in  which  the  elec- 
tion was  conducted. 

Q.  Sending  a  man  his  passports  means  banishment,  I  suppose? — A.  Yes,  sir.  There 
were  a  great  many  banished  while  I  was  there. 

By  Mr.  ViCKERS : 
Q.  Banished  from  the  island  do  you  mean  ? — A.  Yes,  sir. 

By  Mr.  Howard  : 
Q.  For  voting  or  talking  against  annexation? — A.  Y''es,  sir. 

By  Mr.  W^arner  : 
Q.  Can  you  give  the  names  of  any  persons  who  were  banished  Tor  that  reason  ? — A.  I 
cannot  give  names.  I  know  that  all  the  consuls  were  called  to  meet  one  morning  at  the 
house  of  the  Italian  consul.  Three  men  had  taken  refuge  there  who  were  spi-aking  against 
annexation.  The  consuls  met  together  :o  see  what  had  best  be  done  with  them,  as  tliey  had 
sought  refuge  in  the  Italian  consulate.  Baez  sent  their  passports  to  them  at.  the  consulate, 
and  they  had  to  leave  the  island  the  next  day  on  a  schooner.  Those  are  three  instances 
among  a  great  many. 

Q.  What  was  the  position  of  Cabral  himself  as  to  annexation  ? — A.  Cabral  and  all  his 
party  are  in  favor  of  annexation ;  but  they  want  to  have  a  hand  in  the  matter. 

By  Mr.  Schurz  : 

Q.  How  do  you  know  that  he  is  in  favor  of  it  ? — A.  Because  I  have  conversed  with  his 
strongest  friends  in  San  Domingo  City. 

By  Mr.  Warner  : 
Q.  What  prominent  men  of  his  party  ? — A.  Men  who  are  of  his  party  do  not  own  up  that 
they  are  of  his  party.     There  are  three  or  four  members  of  the  senate  of  San  Domingo  to-day 


28  DAVIS    HATCH. 

who  are  strongly  in  favor  of  Cabral.     There  is  a  very  strong  feeling  throughout  San  Do- 
mingo for  him.  "^ 

Q.  When  you  say  that  they  are  in  favor  of  annexation,  do  you  mean  that  they  are  in  favor 
of  this  treaty  ? — A.  They  are  in  favor  of  the  annexation  of  the  island,  but  not  in  favor  of  the 
treaty  the  way  it  was  conducted.     They  do  not  approve  of  the  way  it  has  been  conducted. 

By  Mr.  YlCKKRS  : 
Q.  "What  do  you  moan  by  saying  that  the  Cabral  party  want  to  have  an  interest  in  it,  or 
a  hand  in  it  ? — A..  Cabral  and  liis  officials  want  to  have  tiie  credit,  the  reputation  of  bringing 
the  matter  about. 

By  the  Chairman  : 

Q.  Then  it  is  a  controversy  between  the  two  leaders  ? — A.  Yes,  sir. 
By  Mr.  Sciiunz : 

Q.  I  understood  you  to  say  that  so  many  persecutions  took  place  that  Baez  asked  Admi- 
ral Poor  to  accoumiodate  some  of  his  prisoners  at  Samana  Bay  ? — A.  Yes,  sir. 

Q.  Was  that  on  account  of  their  opposition  to  the  treaty  ? — A.  Yes,  sir  ;  most  of  them 
were  political  prisoners  opposed  to  the  tieaty.  During  the  voting  there  were  a  great  many 
arrested  in  the  city  of  San  Domingo  and  confined,  and  there  were  two  or  three  attempts  at 
revolution  at  night  in  San  Domingo  City,  Porta  Plata,  and  other  points. 

By  Mr.  Warner: 

Q.  If  the  people  were  generally  in  favor  of  annexation,  what  was  the  occasion  of  using 
force? — A.  Because  they  were  allowed  to  express  no  opposition  to  it.  There  were  parties 
opposed  to  it,  but  they  were  not  allowed  to  express  their  opposition,  and  that  embittered 
them  and  embittered  others  in  favor  of  it,  their  friends. 

Q.  But  if  the  people  were  generally  in  favor  of  annexation,  why  should  Baez  have  occa- 
sion to  resort  to  an^'  force  or  iutiaiidation  to  control  the  election  ? — A.  He  wanted  to  send 
on  here  reports  that  there  was  no  oppn.sitioii  to  it.  He  represented  only  eleven  votes  in  San 
Domingo  City  opposed  to  it,  where  there  might  have  been  severnl  hundred  in  favor  of  it 
and  some  few  hundred  opposed  to  it  if  he  had  opened  the  polls  regularly :  but  he  permitted 
no  opposition. 

By  Mr.  Howard  : 

Q.  Were  you  there  at  the  time  the  election  was  lield  ? — A.  Yes,  sir. 

Q.  Was  there  any  actual  force  used  about  the  voting  places  ? — A.  They  could  not  use  any 
force  there.  There  were  over  two  hundred  soldiers  there  at  the  time  tiiis  was  going  oi\.  It 
was  righrt  over  tiie  police  headquarters,  and  they  used  soldiers  for  police.  The  police  force 
are  soldiers,  and  there  are  always  two  or  three  companies  there. 

Q.  Suppose  a  voter  should  liave  gone  to  the  polls  or  to  the  paper  you  mentioned,  and  re- 
corded himself  as  opposed  to  annexation,  was  tlierc  any  danger  in  his  doing  it? — A.  A  man 
did  do  it  the  first  day  the  polls  were  opened,  and  he  was  sent  to  Azua  by  the  army. 

Q.  Sent  otf  on  that  account? — A.  Ou  that  account.  Ho  was  arrested  on  the  spot.  Ho 
was  the  first  man  that  opposed  it. 

By  Mr.  Warnkr  : 

Q.  How  many  votes  were  cast  against  the  treaty  ? — A.  I  think  fifteen  or  sixteen  in  San 
Domingo  City. 

Q.  In  tlie  wiiole  republic  ? — A.  I  do  not  remember  tiie  exact  number.  I  have  tlio  memo- 
randum at  ni3'  hotel. 

Q.  You  do  not  mean  to  say  tliat  all  those  who  voted  against  annexation  wore  put  in  jail 
or  banisiied  ? — A.  No.  ^t  was  desirable  to  have  some  few  votes  in  op()osltion  to  it,  and  at 
Porto  Plata  and  also  at  San  Domingo  City  I  liiiow  of  parties  who  were  called  upon  and  re- 
quested to  sign  tiie  paper  in  opposition. 

By  Mr.  SciiL'u/, : 

Q.  Do  you  think  that  was  for  the  sake  of  demonstrating  that  it  was  a  free  election  ? — A. 
Yes,  sir.  I  know  it  to  be  tlio  fact.  Tiie  people  in  San  Domingo  are  just  as  mucli  ojjposed 
to  these  things  as  we  are  hero  in  tlie  Slates,  and  it  made  them  feel  very  bitter  against  it. 

By  the  ClfAlRMAN: 

(2-  At  tlie  time  of  making  this  treaty,  you  say  you  were  jiresent  at  all  tlin  convorsationH. 
Wastliere  anything  in  those  conversations  tiiat  was  not  uiideisiood  by  all  .'—A.  No,  sir;  I 
tliink  everylliiiig  was  perfectly  undcrstnod  between  Baez  and  his  cabinet  on  the  one  side 
and  the  government  of  llie  United  Suites  on  the  otlier. 

Q.  Did  the  treary  as  made  receive  the  sanction  ol  Baez  and  his  cal)inet  / — A.  Yes,  air. 

(■i.  And  lie  was  tlio  actual  President  of  the  republic  7  — A.   Yes,  sir. 

i5y  Mr.  Howard: 

Q.  You  signed  it  on  the  part  of  the  United  States  7 — A.  Yes,  sir. 


DAVIS    HATCH.  29 

By  the  Chairman  : 

Q.  At  the  time  you  sigueJ  that  treaty,  did  you  read  it  carefully  ? — A.  Yes,  sir. 

Q.  Was  tliere  unythin;^  iu  it  that  did  uot  receive  your  sanction?; — A.  No,  sir ;  I  should 
like  to  have  seen  a  more  full  statement  of  the  public  debt  of  the  island. 

Q.  Was  there  anythin<^  in  the  treaty  that  did  not  suit  you  ?— A.  That  was  a  part  of  the 
treaty ;  a  part  of  the  papers  to  be  filed  with  it. 

Q.  Was  tlicre  anything  iu  the  treaty  that  was  not  fully  ttilked  over? — A.  That  was  the 
main  poiut. 

Q.   What  was  that  ? — A.  The  public  debt  of  the  island. 

Q.  What  further  did  you  want  on  that  subject? — A.  There  is  no  positive  information 
what  the  debt  of  the  island  is.     The  Dominican  f^overnment  themselves  do  not  know  it. 

Q.  Was  there  positive  evidence  to  be  procured  as  to  the  debt  of  the  island  ?  —  A.  The 
public  debt  of  San  Domiufi^o  is  a  mixed  question.  I  have  had  a  talk  with  Mr.  Gibbs,  the 
head  man  of  the  treasury  there,  and  a  {^ood  many  officials,  and  they  say  there  is  uo  accu- 
rate ar-coutjt  given  of  the  debt  of  San  Domingo. 

Q.  Have  they  got  it  themselves? — A.  They  do  not  know  wliat  it  is. 

Q.  To  your  own  Icuowledge,  was  there  as  accurate  information  as  you  could  obtain  at 
the  time  in  regard  to  the  debt  ? — A.  Yes,  sir;  I  think  it  was  as  accurate  as  could  be  ob- 
tained at  the  time. 

Q.  Aside  from  that,  was  there  anything  in  the  treaty  that  did  not  receive  your  full  sanc- 
tion?—A.  There  was  another  poiut:  General  13abcock  knows  whether  Baez  wrote  the  letter 
to  Hartmont — I  do  not  know  it ;  I  never  saw  the  letter — refusing  further  advances  on  the 
Hartmout  loan.     I  understood  from  General  Babcock  that  Baez  had  written  it. 

By  Mr.  Howard: 

Q.  Refusing  to  receive  any  further  advances  on  the  Hartmont  loan? — A.  Yes,  sir. 

By  the  Chairman  : 

Q.  Did  that  receive  your  sanction  ? — A.  Yes,  if  the  letter  was  delivered. 

Q.  Was  there  anything  else  in  the  treaty,  except  the  uncertainty  as  to  the  public  debt, 
that  did  not  receive  your  sanction  as  an  officer  of  the  government  of  the  United  States  ? — 
A.  No,  sir. 

By  Mr.  ScHURZ  : 

Q.  I  understood  you  to  say  that  you  had  received  instructions  from  the  State  Department 
to  govern  yourself  according  to  the  instructions  which  you  might  receive  from  General  Bab- 
cock?— A.  Yes,  sir. 

Q.  Were  you  consulted  in  particular,  when  the  treaty  was  drawn  up  and  negotiated,  as 
the  responsible  negotiator  of  the  treaty  on  the  part  of  the  United  States  ?— A.  General  Bab- 
cock consulted  me  on  all  the  points  in  relation  to  the  treaty. 

Q.  Did  General  Babcock  show  to  you  special  instructions  with  regard  to  the  details  of  the 
treaty  ? — A.  Yes,  sir. 

Q.  Was  the  treaty  already  drawn  up  before  you  entered  into  negotiations? — A.  The  orig- 
inal directions  cauie  out  with  General  Babcock,  from  Washington,  and  he  had  authority  to 
vary  the  wording  as  his  judgment  dictated. 

Q.  Had  you  any  authority  to  that  eftect  ? — A.  My  authority  was  to  follow  the  directions 
of  General  Babcock. 

By  Mr.  Howard  : 

Q,  Do  you  mean  to  say  that  there  was  a  proj^t  of  a  treaty  sent  from  Washington  by 
General  Babcock  ? — A.  General  directions. 

Q.  Mere  instructions  how  the  treaty  was  to  bo  drawn  up,  what  provisions  it  should  con- 
tain ;  or  was  it  a  sort  of  draught  ox projct  or  rough  sketch  of  a  treaty  ? — A.  1  think  there  were 
regular  articles. 

Q.  Embodied  in  his  instructions  ? — A.  Yes,  sir. 

By  Mr.  Schurz: 

Q.  A  treaty  fully  drawn  out  ? — A.  Yes,  sir. 

By  Mr.  Howard  : 

Q.  Were  those  instructions  substantially  carried  out  in  the  treaty  which  you  signed  ? — A. 
Yes,  sir. 

By  Mr.  Vickers  : 

Q.  In  your  interviews  with  General  Babcock  in  reference  to  the  treaty,  did  you  speak  to 
him  about  the  importance  and  necessity  of  obtaining  fuller  knowledge  of  the  public  debt  of 
San  Domingo  before  the  treaty  should  bo  signed  ? — A.  I  spoke  to  General  Babcock  once  or 
twice  about  the  public  debt  of  the  island,  and  also  asked   him  if  he  had  obtained  the  letter 


30  DAVIS   HATCH. 

from  President  Baez  in  relation  to  the  Hartmont  loan.  Those  two  questions  I  asked  him,  and 
those  are  the  only  two  questions  I  did  ask  him  in  relation  to  it.  I  thought  those  points  were 
important. 

By  Mr.  SciiURZ  : 

Q.  Had  you,  before  you  went  to  San  Domingo,  had  any  experience  of  diplomatic  negotia- 
tions?—  A.  None  whatever. 

Q.  Did  you  receive  here,  before  you  left,  any  instructions  with  regard  to  that  treaty  ? — A. 
No,  sir. 

Q.  Did  you  go  there  with  the  understanding  that  you  were  to  be  the  officer  to  sign  the 
treaty  ? — A.  Not  when  I  left  here.     It  was  not  even  spoken  of  then. 

Q.  So  you  received  the  first  instructions  in  regard  to  it  through  General  Babcock  ? — A. 
Yes,  sir,  at  San  Domingo. 

By  Mr.  Howard  ; 

Q.  When  you  started  for  San  Domingo,  had  you  been  advised  by  the  State  Department 
or  by  the  President  what  was  the  object  of  the  mission  upon  which  you  were  sent  to  San 
Domingo  ? — A.  No,  sir. 

Q.  You  had  not  received  any  such  information  ? — A.  I  had  not. 

By  Mr.  Ferry. 

Q.  Do  you  know  whether  Hartmont  has  a  concession  for  a  railroad  from  Santiago  to  Sam- 
ana  ? — A.  It  is  reported  that  he  has  ;  but  I  understand  the  time  is  up  and  that  road  has  been 
given  to  another  party.     The  time  was  up  and  he  lost  the  road. 

Q.  Do  you  know  whether  he  had  a  concession  for  a  steamship  line  ? — A.  Yes,  sir,  on  the 
river  running  into  Samana.  His  time  was  up  on  that  also,  and  that  has  been  given  to  an- 
other party. 

By  the  Chairman  : 
Q.  The  charter  forfeited  ? — A.  Yes,  sir. 

By  Mr.  Vickers  : 
Q.  What  was  the  situation  of  Cabral  and  his  force  when  you  left? — A.  He  had  no  for- 
midable force.     He  has  neither  men  nor  money.     He  has  no  force  at  all.     Luperou  is  at 
Turk's  Island. 

By  Mr.  ScHURZ  : 

Q.  Did  President  Baez  ever  intimate  to  you  what  his  situation  would  be  if  the  protec- 
tion which  the  United  States  had  affoided  htm  were  withdrawn? — A.  He  told  me  that  he 
and  his  cabinet  would  iiave  to  leave  the  island,  all  of  them. 

Q.  He  expected  the  revolution,  then? — A.  Yes,  sir. 

By  Mr.  Howard  : 
Q.  By  whom  was  he  to  be  driven  out  ? — A.    By  the  citizens  there  right  in  the  city  of  San 
Domingo. 

By  Mr.  SfiruRZ: 

Q.  Did  he  tdl  you  so  himself? — A.  Yes,  sir;  and  I  know  it  from  all  hands  there.  Even 
parties  strongly  in  favor  of  annexation  are  strongly  opposed  to  that  man.  A  very  bitter 
feeling  lias  sijrung  up  since  the  ul«'ction  commenced.  The  way  it  was  conducted  has  turned 
some  of  his  best  friends  against  him. 

Q.  Do  you  know  of  any  attempts  on  the  part  of  the  Dominican  government  to  make 
grants,  or  of  private  i)arli('s  to  obtain  grants,  from  the  Dominican  govcrrmient  since  the 
treaty  of  anm.-xation  was  concluded  ? — A.  Yes,  sir.  Mr.  Cazncau  made  application,  on  the 
y^itli  of  April,  for  a  grant  of  'J(i(),(JOU  acres,  and  three  of  the  senators  called  upon  mo  and 
told  me  it  was  before  the  senate.  The  brother  of  tlio  Prcsiilent,  Don  Carlos  Baez,  called 
upon  me  to  ask  me  if  I  would  <)|)i)osi;  it  in  writing,  saying  tliat  unless  I  did  ojiposo  it  they 
would  have  to  grant  it.  I  called  upon  MiniMtcr  Gantier  and  asKod  him  if  such  was  the  fact. 
He  told  me  no ;  there  was  no  such  giant  before  tlic;  senate.  I  had  p'cviou.sly  called  upon 
three  of  the  senators,  and  liicy  told  me  that  (jauiier  had  called  upon  tl'cm  that  morning  and 
appointed  the  day  and  hour  to  have  the  giant  called  up  and  have  it  ajiproved  by  tlie  senate. 
I  tlifu  went  directly  from  them  toGautier's  and  asked  him  if  sudi  and  such  was  the  fact,  in 
the  presence  of  Mr.  Delmonte,  the  minister  of  justice.  He  denied  it.  'I'licy  both  denied  it. 
After  they  told  me  the  falsdiood  tliey  did,  I  went  directly  to  my  house  and  wrote  a  commu- 
nication to  lli((  senate,  ainl  also  wioto  a  note  to  tin;  President  inclosing  a  <Mpy  of  my  com- 
munication to  the  senate,  jirotcsling  against  it  iw  a  breach  of  article  (>  of  the  treaty.  The 
President  did  not  reply  ;  Ijut.  (Jnutier  replied  to  ihe  note  I  wrote  to  the  President  inclosing  a 
copy  of  my  communication  to  tiie  st^nate  stating  that  1  had  no  business  to  make  any  protest 
against  it,  and  wanting  to  know  how  1  considered  mysell  accredited  in  that  country,  &(i. — 
a  pretty  sharp  note,  to  which  I  rejilied.  All  those  communications  are  now  in  tlio  State 
Department. 


DAVIS    HATCH.  31 

By  Mr.  rc:uRY  : 

Q.  Did  you  mention  to  General  Babcock  at  any  time  the  fact  that  you  had  made  these 
representations  ? — A.  I  have  spoken  of  it  since  I  have  been  here. 

Q.  What  did  ho  say  to  you  in  reply  ? — A.  He  said  it  would  have  been  better  not  to  have 
opposed  them  if  it  would  affect  the  treaty  ;  he  thought  those  things  could  be  arranged  after 
the  treaty  was  settled. 

Q.  Do  you  know  when  Judge  O'Sullivau  got  this  Hatch  salt-mine  grant? — A.  It  has 
been  obtained  quietly  since.  Everything  has  been  done  unknown  to  nue  there  for  the  last 
month  before  I  left,  because  I  was  contesting  all  these  things  before  the  senate,  and  disap- 
proving of  them.  There  have  been  a  great  many  attemps  to  obtain  very  extensive  grants 
th'^re  ;  one  of  a  railroad  from  San  Domingo  City  to  Azua,  a  mile  on  each  side  of  the  road, 
which  would  take  in  two  hundred  miles  of  the  finest  laud  in  San  Domingo. 

Q.  Who  was  in  that? — A.  A  man  by  the  name  of  Schumaker,  from  Baltimore.  He  repre- 
sents a  man  named  Mnntiquemeau,  who  was  banished  from  San  Domingo,  and  also  ban- 
ished from  France,  and  has  gone  to  Jamaica. 

By  the  Chairman  ; 

Q.  The  grants  you  opposed  were  not  consummated? — A.  They  told  me  they  were  not, 
but  I  have  positive  information  that  they  were.  I  saw  a  man  who  called  on  me  at  Willard's 
Hotel  only  a  few  days  ago.  He  was  from  Baltimore,  and  came  to  make  inquiries  in  relation 
to  these  parties  living  there.  I  drew  from  him  a  great  deal  of  information,  and  he  took  some 
letters  from  his  pocket.  He  read  me  the  contents  of  them ;  and,  among  other  things,  this 
very  man  Shoemaker  had  been  writing  him,  telling  him  that  his  concession  was  granted; 
that  he  held  the  papers  for  it.  The  concession  of  these  salt  mountains  to  O'Sullivan  has  also 
been  granted  within  the  last  few  weeks. 

By  Mr.  Warner: 

Q.  How  are  such  grants  made  .' — A.  They  are  approved  before  the  senate. 

Q.  But  by  whom  are  they  made  in  the  first  place  ? — A.  Parties  apply  for  them  before  the 
senate,  and  the  senate  approve  or  disapprove. 

Q.   Do  the  senate  make  the  grant  ? — A.  Yes,  sir. 

Q.  Do  they  require  to  be  approved  by  the  President  afterward? — A.  The  President  has 
really  the  sole  charge  of  everything.  The  senate  is  directly  under  him.  They  cannot  act 
in  anything  without  consulting  him. 

Q.  Does  he  take  the  initiative'  Does  he  first  make  a  grant  as  our  President  makes  a 
treaty,  and  then  submit  it  to  the  senate  to  be  confirmed  ? — A.  Yes,  sir. 

Q.  Are  the  sessions  of  the  senate  open  or  secret  ? — A.  Both  open  and  secret ;  it  depends  on 
the  subject. 

By  Mr.  Ferry  : 
Q.  How  many  members  are  there  of  the  senate? — A.  Twelve. 

By  Mr.  Schurz  : 
Q.  Are  these  things  transacted  in  the  senate  in  secret  session? — A.  Some  of  them  are. 
Q.  Is  such  business  as  these  grants  considered  in  secret  session? — A.  Concessions  of 
lands  are  considered  in  secret  session. 

By  Mr.  Ferry  : 

Q.  Is  there  any  house  of  representatives  ? — A.  No,  sir. 

Q.  Everything  is  done  by  tlie  president  and  the  senate  of  twelve  men  ? — A.  Yes,  sir;  the 
president  is  the  man  ;  the  senate  does  not  amount  to  anything. 

By  Mr.  Vickers  : 

Q.  Is  the  senate  under  the  President's  influence? — A.  Directly.  The  senators  who 
called  on  me  at  my  house  told  me  that  unless  I  did  disapprove  of  these  things  they  would 
have  to  approve  them. 

Q.  Did  they  a.'-k  you  to  protest  against  them? — A.  They  asked  me  to  protest  against 
them.  The  brother  of  the  President,  Don  Carlos  Baez,  was  one,  and  Pedro  Gariedar,  presi- 
dent of  the  senate,  another. 

Q.  Did  they  express  any  personal  apprehensions  ? — A.  They  said  it  was  in  direct  viola- 
tion of  the  treaty.     They  had  a  copy  of  the  treaty  in  the  senate  chamber. 

Q.  Were  they  apprehensive  of  any  injury  to  themselves  if  they  refused  to  acquiesce  in 
his  recommendations  to  them  ? — A.  Yes,  sir. 

By  Mr.  Howard  : 

Q.  You  have  spoken  of  O'Sullivan  obtaining  a  salt  mine.  Do  you  refer  to  the  same  salt 
mine  that  was  granted  to  Hatch  ? — A.  Yes,  sir. 

Q.  How  did  O'Sullivan  get  the  title  or  claim  to  that  salt  mine  ?— A.  That  is  the  question. 

Q.  From  Hatch? — A.  No,  sir ;  from  the  Dominican  government,  through  the  influence 
of  Don  Carlos  Baez,  brother  of  the  President. 

Q.  Had  it  been  confiscated  to  the  government  ?— A.  I  think  so.  I  tried  to  make  inqui- 
ries in  relation  to  these  things,  but  I  could  get  no  information  with  regard  to  them. 


32  DAVIS    HATCH. 

Q.  Your  surmise  is  that  that  grant  had  been  confiscated  ? — A.  Yes,  sir ;  it  must  have 
been  so.  \ 

Q.  Confiscated  on  account  of  the  crime  which  had  been  alleged  against  him  ? — A.  I  sup- 
pose so  ;  it  is  all  supposition  on  my  part. 

Mr.  FciiRY.  The  papers  show  that  it  was  long  before  that. 

The  Chairman.  Mr.  Hatch  states  that  Baez  annulled  the  grant  when  he  came  into 
power. 

By  Mr.  Howard  : 
Q.  Do  you  know  how  the  fact  is,  whether  Baez  had  annulled  it  or  not  ? — A.  That  I  can- 
not tell,  because  I  asked  the  party  who  held  the  papers  the  direct  question,  if  they  held  such 
grants,  and  they  denied  holdiug  them.  Tliese  things  are  all  kept  quiet  until  the  annexa- 
tion matter  is  settled.  I  have  also  asked  Baez  direct  questions  in  relation  to  things  con- 
cerning the  island,  and  they  told  me  direct  falsehoods,  and  I  have  told  them  that  they  were 
falsehoods  when  they  told  them  to  me. 

By  Mr.  ViCKERS  : 

Q.  Did  you  talk  so  to  the  President? — A.  I  would  talk  so  to  any  president  that  told  me  a 
falsehood. 

By  Mr.  ScHURZ : 

Q.  Do  you  know  of  any  other  persons  who  are  admitted  or  are  supposed  to  have  ob- 
tained grants  since,  or  who  tried  to  obtain  grants  ? — A.  There  are  a  great  many  small 
grants  given  out  constantly,  of  a  few  hundred  acres  or  so,  but  i\ot  so  extensive  as  those  I 
have  spoken  of. 

Q.  Since  the  signing  of  the  treaty  ? — A.  Ye.s,  sir;  but  those  can  be  annulled. 

By  Mr.  Ferry  : 

Q.  "Was  the  government  of  Baez  issuing  any  more  paper  money  ? — A.  Not  when  I  left 
there. 

Q.  Do  you  know  whether  there  has  been  any  paper  receivable  for  customs,  dties,  or  any- 
thiug  of  tiiat  kind,  issued  by  the  Baez  government? — A.  All  their  paper  money  is  receiv- 
able for  customs  dues;  but  they  are  now  demanding  twenty-five  per  centum  of  the  customs 
dues  to  be  paid  in  specie. 

By  Mr.  Ho\yARD: 

Q.  You  have  no  means  of  forming  any  estimate  as  to  the  amount  of  lands  granted  since 
the  signing  of  the  treaty? — A.  I  cannot  tell,  because  I  cannot  get  the  truth  from  those  peo- 
ple.    They  do  not  know  how  to  speak  it. 

Q.   Have  you  reason  to  apprehend  that  it  is  considerable  ? — A.  I  should  think  so. 

By  Mr.  Warner  : 
Q.  Has  not  the  Republic  of  San  Domingo  a  written  constitution? — A.  Yes,  sir. 
Q.  Have  you  a  copy  of  it  'I — A.  No,  sir. 

By  Mr.  ViCKERS : 

Q.  Have  you  ever  made  an  estimate  of  the  amount  of  the  national  debt  there  T — A.  No, 
sir.       That  is  the  question  we  were  just  spealiing  of.     No  one  can  get  at  the  truth  about  it. 

Q.  Can  you  make  no  conjectural  estimate  ? — A.  No,  sir.  Parties  in  the  treasury  depart- 
ment there  told  me  that  there  were  a  great  many  old  claims  which,  in  all  probability,  would 
be  brought  up  if  anybody  was  responsible  for  them,  but  at  present  the  government  has  no 
money,  and  tlie3'  are  lying  liack.  I  know  that  llartmont,  and  Spiitr<ird  and  Tileston  are 
rather  anxious  that  we  should  take  that  loa«  at  present,  as  they  are  anticipating  a  heavy 
claim  against  our  governnumt  fur  the  steps  we  iiave  taken  setting  aside  the  English  loan. 
At  least,  llartmont  ho  expressed  himself  to  mo  in  San  IJomingo. 

By  Mr.  Howard: 

Q.  How  much  has  the  republic  received  from  what  is  called  the  Hartmont  loan?  Have 
you  any  idea?— A.  §-J.')0,OOU. 

Q.  Is  that  all?— A.  Yes,  sir;   £30,000. 

By  Mr.  Hr.uvR7. : 
Q.  Have  yo>i  any  accurate  and  reliable  information  on  that  point? — A.   1  have  the   word 
ofGaulierand  Baez,  and  Hartmont  himself. 

By  Mr.  Howard: 

Q.  Did  llartmont  state  that  to  you? — A.  Yes,  sir. 

Q.  Where  was  lie  wh<!n  lie  so  stated;  on  Hio  island? — A.    Yes,  sir;  in  San  Domingo. 

By  Mr.  Wim.iams: 
Q.  What  is  your  judgment  about  the  expediency  or  advantage  of  annexing  San  Domingo 
to  the  United  States,  from  your  knowledge  of  the  country',  and  the  condition  of  things  there, 


DAVIS    HATCH.  33 

leavino;  ont  tlicj;c  incidental  iiuitters  ? — A.  All  tliese  violatious  of  tbo  treaty  cau  bo  over- 
come, of  course.  f 

Q.  I  am  aware  of  that ;  it  would  bo  a  fiaml  on  tlie  {Government  of  tlie  United  States  if 
any  p;raut.s  were  made  in  violation  of  tlia  treaty,  particularly  to  persons  who  knew  of  the 
existence  of  the  treaty.  I'ut  I  am  iii([uirin<j  in  a  general  point  of  view,  in  view  of  the  con- 
dition of  the  country,  its  value  ami  advantages,  what  is  your  judgment  as  to  the  expediency 
of  annexing  it  to  tiie  United  States  ? — A.  The  island  itself  is  one  of  the  most  beautiful 
islands  in  the  world.  It  lias  every  facility  for  raising  coitec,  sugar,  and  tobacco,  and  the 
'mines  are  fair,  though  tliey  are  not  what  tliey  have  been  represented  to  be  ;  I  know  a  great 
many  miners  have  been  there  exjDloring  the  whole  country.  The  gold  is  too  scattering  to 
make  much  out  of.  When  the  Spaniards  were  there  and  h.ad  slaves,  they  could  make  a 
great  deal  of  money  v/orking  the  mines,  because  they  fed  tiie  darkies  on  bananas,  and  it  did 
not  cost  much  to  clothe  them.  As  to  the  expediency  of  annexing  the  island,  if  they  had  had 
a  fair  square  vote,  and  we  know  exactly  what  opposition  there  was  to  annexation  on  the 
island,  we  could  tell  more  about  it.  There  is  a  church  party  there,  tlio  same  as  there  is  in 
Mexico,  which  is  a  VQiy  strong  party,  and  there  is  quite  a  large  portion  of  that  churcli  party 
opposed  to  annexation.  The  priests  lead  them  in  opposition  to  it,  thinking  that  by  the  con- 
summation of  annexation  they  will  bo  deprived  of  a  part  of  their  church  rights,  &.c. 

By  Mr,  Howard  : 
Q.  What  is  the  prevailing  religion  there  ! — A.  Catholic. 

Q.  Are  there  any  Protestant  churches  there? — A.  There  is  a  small  church,  a  negro 
church,  in  San  Domingo  City. 

By  Mr.  Williams  : 

Q.  Assuming  that  a  majority  of  the  people  are  in  favor  of  it,  do  you  think  that  country 
would  be  a  valuable  acquisition  to  the  United  States  ? — A.  i'^es,  sir  ;  a  very  valuable  acqui- 
sition. 

By  Mr.  Howard  : 
Q.  And  do  you  favor  the  annexation  as  a  measure  ? — A.  I  am  too  young  a  man  to  decide 
such  a  question  as  that. 

Q.  I  mean,  in  your  own  mind  ? — A.   There  are  some  ticklish  points  to  be  looked  at. 

By  Mr.  Scnuuz : 

Q.  You  have  been  a  soldier,  have  you  not? — A.  Yes,  sir;  I  have  been  with  Sheridan  the 
last  four  or  live  years,  and  during  the  war  I  was  in  the  army. 

Q.  Suppose  there  were  a  party  on  the  island  strong  enough  to  raise  armed  opposition  to 
annexation  and  to  draw  a  large  number  of  people  into  an  insurrectionary  movement,  what 
would  3'ou  think  of  a  war  on  that  island? — A.  If  the  island  is  brought  in  as  a  Territory,  and 
we  have  the  appointment  of  the  governor,  and  the  custom  ofiicers,  and  the  marshals,  and 
all  the  officers,  and  they  are  taken  from  the  United  States,  a  revolution  cannot  be  started 
on  the  island  with  a  lot  of  wide-awake  Yankees  from  the  United  States  there. 

Q.  But,  suppose  they  did  start  a  revolution? — A.  They  could  not  do  it.  I  will  guarantee 
to  go  down  there  with  one  hundred  men  and  do  all  the  lighting  on  the  island. 

Q.  Do  you  remember  anything  of  the  history  of  the  Spanish  occupation  of  that  island? — 
A.  Yes,  sir. 

Q.  When  they  lost  a  great  many  men  ? — A.  I  know,  but  Spaniards  and  Americans  are 
different  men. 

Q.  You  think  the  Americans,  if  they  had  to  do  the  same  business  the  Spaniards  did,  would 
find  it  much  easier;  that  is  to  say,  would  they  find  it  much  easier  to  subjugate  the  people 
there  engaged  in  guerrilla  warfare  f — A.  No,  sir;  I  do  not  think  they  would,  because  the 
nature  of  the  country  is  such  that  if  we  had  to  hold  it  by  the  bayonet,  we  s  hould  have  to 
lose  a  great  many  men,  and  it  would  cost  us  a  great  amount  of  money ;  it  would  be  impos- 
sible to  whip  those  fellows  into  subjection.  The  only  way  to  do  would  be  to  hold  all  the 
public  offices  by  American  citizens  for  a  while  until  they  were  educated  to  civilization. 

Q.  You  say  it  would  be  impossible  to  whip  them  into  subjection;  why  ? — A.  Because 
the  nature  of  the  country  is  such  that  you  cannot  get  after  them. 

Q.  So  you  think  a  guerrilla  warfare  there  might  be  very  formidable  ? — A.  Yes,  sir. 

By  Mr.  VlCKERS: 

Q.  Are  they  a  brave  people  ? — A.  They  light  well  in  the  bu.sh,  hke  the  Mexicans. 

By  Mr.  Warner  : 

Q.  If  this  government  were  in  possession  of  the  island,  do  yoit  think  there  would  be  any 
organized  opposition  ? — A.  I  do  not  think  there  would.  If  we  appointed  all  the  officers 
from  the  States  they  would  have  control  of  the  island  ;  but  if  you  put  the  offices  in  the  hands 
of  the  men  on  the  island,  there  would  be  trouble  constantly.  They  will  not  trust  each 
other.  They  are  tricky  and  treacherous.  They  get  tired  of  being  governed  by  each  other, 
and  they  want  somebody  to  handle  them. 

S.  Eep.  234 3 


34  DAVIS   HATCH. 

By  Mr.  ScHi^. : 

Q.  In  your  opiniouihe  only  way  to  rule  the  island  would  be  to  rule  it  by  a  very  strong 
government  of  force  ?— A.  Very  strong. 

By  Mr.  Warner  : 

Q.  How  much  force  would  it  require  ? — A.  That  depends  on  the  way  the  thing  is  handled, 
and  who  has  the  handling  of  it. 

By  the  Chairman: 

Q.  Suppose  Americans  have? — A.  But  I  am  asked  how  many  men  it  would  take  to 
handle  them.  There  is  a  certain  wa}'  of  handling  men  and  handling  people  that  everybody 
does  not  understand.  These  people  want  to  be  treated  with  an  even  course  right  along  day 
after  day,  month  after  month,  and  year  after  year — one  steady  rein  on  them. 

Q.  What  did  you  mean  when  you  said  that  if  officered  by  Americans  you  would  do  all 
the  fighting  there  with  a  hundred  men? — A.  Just  what  I  said,  with  Americans  holding  all 
the  ports,  and  the  offices  through  all  the  towns,  it  would  be  very  easy  to  control  the  i.sland. 

By  Mr.  SCHURZ: 

Q.  By  garrisons? — A.  You  cannot  control  these  people  with  soldiers  in  garrison.  As 
soon  as  5'ou  commence  fighting  they  can  do  as  much  fighting  as  any  nation  on  the  face  of 
the  earth,  in  the  woods  aud  mountains. 

By  Mr.  Vickers  : 

Q.  You  mean  under  the  control  of  very  discreet  and  prudent  men,  who  would  treat  them 
with  great  mildness  and  forbearance,  and  who  understood  their  character  f — A.  Yes,  sir;  and 
then  have  a  sharp  special  force  of  detectives  throughout  the  island,  and  the  very  first  man 
who  made  any  attempt  at  revolution,  or  an  outbreak,  or  anything  of  that  kind,  send  some 
one  after  him  that  would  "  lose  "  him. 

By  Mr.  ScicuRZ : 
Q.  Shoot  him  you  moan  i — A.  Yes^  sir.     There  are  such  spirits  that  have  to  be  ferreted 
out. 

By  Mr.  Vickers: 
Q.  What  do  you  suppose  to  be  the  population  ? — A.  The  exact  number  cannot  bo  got  at. 
It  is  variously  estimated  from  bO.OUU  to  JCU,OUU  or  170,000. 

By  Mr.  Warner  : 

Q.  If  the  United  States  were  fairly  in  possession  of  the  island,  is  there  any  party  there 
that  would  make  anything  like  an  organized  opposition  to  our  possession  ? — A.  There  is  a 
party,  but  it  does  not  amount  tn  much,  it  is  so  weak.  The  opposition  to  annexation  is  very 
small.  I  think  there  is  a  two-thirds  or  three-fourths  vote  on  the  island  in  favor  of  annexa- 
tion. 

Q.  Are  there  any  leading  men,  civil  or  military,  who  could  rally  around  them  any  great 
party,  or  who  would  be  disposed  to  lead  a  movement  in  opposition  to  our  possession  of  the 
island  ? — A.  The  leading  generals  there  now,  Uungria  and  Camanaro,  who  control  most  of 
the  soldiers,  are  strongly  in  favor  of  annexation. 

By  Mr.  ScHURZ : 
Q.  Those  are  Baez's  generals  ? — A.  Yes,  sir. 
By  Mr  Vicker.s: 

Q.  What  is  the  complexion  of  the  inhabitants  ? — A.  On  the  sea-coast,  pretty  black  ;  fur- 
ther back,  lighter. 

Q.  Kcftl  negroes? — A.  Yes;  about  one-half  are  pretty  black. 

By  Mr.  Warner  : 
Q.  You  saida  while  ago  that  Don  Carlos  Baez,  brother  of  the  President,  wa.s,  as  you  thought, 
interested  in  the  salt-niine  concession.     What  evidence  have  you  of  that? — A.  I  know  the 
positive  fact  that  he  obtained  it  lor  O'SuUivan. 

By  tlie  Chairman  : 
Q.  Ah  liis  agent  or  as  a  principal  ? — A.  I  understand  that  he  is  concerned  with  him  ;  that 
ho  has  an  interest  in  it. 

By  Mr.  Warner: 

Q.  On  what  facts  is  your  l)elief  fotinded?— A.  'I'ho  information  I  have  is  positive.  A 
conversation  took  jdace  Ixtwecn  Judge  O'Snllivun  and  aiioliicr  gentleman.  'J'hat  is 
positive  information  in  relation  to  it.  It  is  from  O'Sullivan's  own  nu)uth.  Not  only  that, 
lie  was  exhibiting  the  j)apers  to  this  party  since  I  have  been  in  Washington. 

Q.   Difl  you  hear  tlio  conversation  ? — A.  Yes,  sir. 

(•l.  Who  was  the  other  party  ?  — A.  I  would  rather  not  name  him,  if  you  will  excuse  me. 


DAVIS   HATCH.  35 

It  is  a  fjentleman  of  liif>-h  standinf>-.  I  do  not  want  to  give  more  names  tlian  I  can  properly. 
O'SullivHii  has  been  thereon  thu  ishmd,  and  has  the  reputation  of  l)eiii(^  thiTo  to  "grind  his 
ax,"  and  therefore  I  have  no  objection  to  giving  his  name,  but  I  do  not  feel  like  drawing  in 
the  names  of  outside  parties. 

By  Mr.  Vickers: 
Q.  Were  the  grants  you  s])()ke  of  antedated  so  as  to  appear  to  be  dated  before  the 
treaty?  -A.  I  caunot  tell  you  about  the  date.  The  grants  have  been  given  since  the  sign- 
ing of  tlio  treaty.  They  may  be  dated  back.  I  understand  that  a  great  many  of  the  grants 
that  have  been  given  since  the  signing  of  the  treaty  have  been  dated  back  so  as  to  hold  good 
against  the  United  States. 

By  Mr.  Warner  : 

Q.  You  say  you  undofstand    that.      How  do  you    understand    it? — A.  I  understood 
from  parties  in  the  senate.     There  is  a  split  in  the  senate.     Parties  who  are  not  particularly 
fond  of  the  administration  of  Baez  and  liis  cabinet   gave  me  the  information  and  kept  me 
posted  while  there. 

By  Mr.  Vickers  : 
Q.  How  is  the  senate  "appointed  ? — A.  The  President  has  the  appointment  of  them. 
Q.  Can  he  discharge  one  and  put  in  another '! — A.  Yes,  sir. 

By  Mr.  Williams  : 

Q.  When  did  you  return  to  the  United  States  from  San  Domingo  ?— A.  I  arrived  two 
weeks  ago  Friday. 

Q.  Have  you  been  in  Washington  ever  since  ? — A.  Yes,  sir. 

Q.  Are  you  here  by  order  of  the  State  Departinent  ? — A.  I  am  on  leave  of  absence  for 
sixty  days. 

Q.  At  3'our  own  request  ? — A.  Yes,  sir. 

O.  E.  Babcock  sworn  and  examined. 
By  the  Chairman: 

Question.  Where  do  you  reside  ? — Ansv/er.  1  am  stationed  in  Washington. 

Q.  You  belong  to  the  army  of  the  United  States? — A.  Yes,  sir;  1  am  in  the  Corps  of 
Engineers,  United  States  Army. 

Q.  How  long  have  you  been  stationed  here? — A.  Since  the  close  of  the_ war.  I  came 
with  General  Uraut  when  he  came  here  after  the  close  of  the  war,  in  1S65.  In  April  of 
that  year,  after  the  surrender  of  Lee's  arm}',  lie  came  here. 

Q.  Did  you  go  to  San  Domingo  last  fall  ? — A..  I  went  first  in  July. 

Q.  What  did  you  do  when  you  went  there  ?  — A.  I  went  as  a  special  agent  of  the  govern- 
ment. My  instructions  were  given  me  by  the  State  Department,  in  writing,  and  I  had 
various  conversations  with  the  President  as  to  the  subject  matter  of  my  trip,  the  President 
telling  me  that  a  number  of  parties  had  reported  to  him  that  there  was  a  desire  on  the  part 
of  the  people  of  San  Domingo  to  become  annexed  to  the  United  States.  He  did  not  at  the 
time  name  to  ine  the  name  of  any  party  who  had  so  represented.  He  said  that  according  to 
the  evidence  in  the  State  Department  there  was  a  difference  of  opinion.  By  some  it  was 
thought  that  only  a  portion  of  the  government  officials  there  were  in  favor  of  annexation, 
but  that  the  President  cf  thel  republic  was  not.  My  instructions  were  to  go  to  the  island 
and  have  a  conversation  with  President  Baez  myself;  and  for  that  purpose  I  was  furnished 
with  a  passport  and  the  ordinary  letter  accrediting  me  to  the  secretary  of  state  of  that  gov- 
ernment, and  also  a  letter  introducing  me,  from  President  Grant  to  President  Baez. 

By  Mr.  SciiURZ: 

Q.  A  personal  letter?— A.  No,  an  official  letter;  but  it  was  to  assure  President  Baez  who 
I  was,  that  ho  might  have  direct  intercourse  with  me. 

Q.  Did  that  letter  give  you  any  official  character  ?— A.  No.  Merely  introducing  me,  and 
telling  him  that  I  had  served  with  him,  and  that  I  was  visiting  the  island  by  instructions. 
I  forget  what  the  language  was;  but  it  is  in  the  ofiicial  matter  published  before  the  Senate. 

Q  Then  it  was  a  letter  of  personal  introduction?— A.  I  have  not  got  the  letter  here.  I  do 
not  know  the  technicality  of  the  point  made. 

Q.  The  point  I  wanted  to  make  was,  whether  it  was  a  letter  of  credence,  or  whether  it 
was  simply  introducing  you. — A.  It  was  a  letter  of  credence,  I  think.  The  President  in- 
formed mo  that  he  understood  President  Baez  spoke  English,  and  that  I  should  have  no 
trouble  in  communicating  with  him.  In  accordance  with  these  instructions,  I  left  New 
York  about  the  17th  of  July,  I  think— but  I  am  not  positive  as  to  the  exact  day  in  July— on 
the  steamer  Tybee  for  San  Domingo,  reaching  there  in  about  eight  days,  touching  at  Turk's 
Island.  The  first  p.int  on  the  island  of  San  Domingo  that  I  reached  was  Porto  Plata.  I 
afterward  went  to  Samana,  and  then  to  San  Domingo  City.  On  arriving  at  San  Domingo 
I  found  that  President  Baez  was  absent  from  the  city,  was  at  Azua,  about  one  hundred 
miles  west  of  San  Domingo  City,  and  on  Ocoa  Bay.     As  I  went  on  board  the  steamer 


36  DAVIS    HATCH. 

in  New  York  to  go  cu  to  San  Domingo,  I  found  on  the  wharf  Senator  Cole  and  JNIr. 
J,  VV.  Fabens,  commonly  known  as  Colonel  Fabens,  Mr.  O'Snllivan,  and  a  f!;entleman 
by  the  name  of  Hennen.  I  did  not  know  any  of  them  were  going,  except  that  at  the 
house  of  Spofford  and  Tilcston  (the  firm  sending  the  steamer,  who  had  oflered  to  the 
State  Department  a  passage  for  any  one  going  down)  I  n;ct  Mr.  Fabens.  He  was  the 
only  one  I  knew  who  was  going  on  the  steamer.  I  did  not  knov.-  that  Senator  Cole  was 
going  until  I  met  him  on  the  wharf.  Senator  Cole  wished  to  return  immediately.  M}'  in- 
structions verbally  from  the  President  were,  that  if  I  found,  on  conversation  with  President 
Baez,  that  this  information  was  incorrect,  that  he  did  not  entertain  the  idea  of  annexation, 
I  might  return  immediately  on  tlie  steamer  ;  but  that  if  I  found  he  did  entertain  it,  I  was  to 
stay  over  at  least  one  steamer,  or,  if  necessary,  longer,  and  get  as  nnich  information  as  I 
could  in  reference  to  the  island  in  all  respects,  as  to  its  productiveness,  its  fertility,  its  size, 
and  as  to  the  inclijiation  of  the  people  for  annexation.  Finding  the  President  at  Azua  in- 
stead of  San  Domingo  City,  and  Senator  Cole  wishing  to  see  him  before  returning  in  the 
steamer,  v^hich  would  leave  in  four  days,  we  procured  the  services  of  the  steamer  Tybee 
to  run  to  Ocoa  Bay,  that  we  might  go  to  sec  President  Baez.  Azua  is  about  three  miles 
from  the  lauding.  AVc  went  there  and  found  the  President  with  a  portion  of  his  army, 
that  he  had  gone  to  review,  and  remained  there  only  that  night,  returning  from  Azua  on 
board  the  steamer  the  next  day,  the  President  remaining  tliere.  The  Tj'bee  then  re- 
turned to  Xev.-  York,  and  I  remained  on  the  island,  at  San  Domingo  City  and  in  the 
interior,  about  forty  days.  In  about  ten  days  from  the  period  of  my  return  to  San 
Domingo  City,  President  Baez  returned,  and  soon  after  I  presented  my  letter  of  cre- 
dence, &c.,  to  him,  and  had  a  very  free  conversation  with  him  in  reference  to  the  subject 
of  annexation,  when  he  told  me  that  he  was  in  favor  of  annexation,  and  that  his 
cabinet  were  with  him  in  favor  of  it,  and  he  was  satisfied  that  a  great  majority  of  his  peo- 
ple were  in  favor  of  annexation.  I  told  him  that  I  had  no  authority  to  make  any  treaty ; 
that  I  had  only  cou;e  for  matters  of  information  ;  and  I  addressed  him  a  memorandum  as  to 
points  that  I  should  like  information  upon — the  population;  the  distribution  of  the  popula- 
tion ;  the  indebtedness ;  the  nature  of  the  indebtedness ;  the  square  miles  ;  a  copy  of  the 
constitution  ;  and  some  other  matters  of  information,  which  were  enuuieraled  in  my  letter  of 
instructions.  I  procured,  before  leaving,  answers  to  all  of  those  points,  whicli  on  my  return 
here  I  placed  on  file  in  the  department.  I  told  President  Baez  that  I  had  fto  authority  what- 
ever to  make  a  treaty,  nor  could  I  bind  President  Grant  in  any  respect  as  to  a  trciity  ;  but  I 
should  be  ver3'  willing  to  take  hack  any  suggestion  or  any  projio-ition  he  might  have  to 
make  to  the  President  of  the  United  States ;  that  I  would  take  it  back  for  his  action.  I  told 
him  that  while  I  could  not  bind  our  President,  I  would  give  him  my  opinion  of  whether  it 
would  meet  with  the  approval  of  President  Grant.  We  were  a  number  of  days  in  the  differ- 
ent discussions  of  these  matters  of  information.  Let  me  say  here  that  I  found  that  Presi- 
dent Baez  could  not  speak  English,  so  that  I  saw  that  we  required  an  interpreter.  I  could 
not  speak  French  enough  to  carry  on  a  discussion  with  him. 

By  Mr.  Howard  : 

Q.  Do  you  speak  Spanish  ? — A.  No,  sir.  My  knowledge  of  Spanish  and  French  is  simplj' 
this:  I  can  read  French  very  well,  and  can  read  Spanish  somewhat,  and  can  talk  enough 
for  traveling  purposes  to  go  about  the  country,  as  I  did  in  Mexico  ;  not  cnougii,  however,  to 
carry  on  a  discussion  or  conversation  of  this  kind.  I  told  President  llaez  that  President  Grant 
had  informed  me  that  he  understood  he  spoke  I'^nglish,  but  that  I  saw  he  did  not,  and  wc  should 
have  to  liave  an  interpreter.  He  said  to  me  that  wc  niigiit  have  either  iiis  attorney  general, 
Mr.  Delmontc,  or  wo  might  take  Mr.  Hennen,  who  went  down  with  us,  who  spoke  French, 
but  did  not  speak  Spanish;  or  we  might  take  Mr.  Cazneau  or  Mr.  Fabens,  or  any  of  those 
gentlemen  he  knew.  He  told  mo  that  Mr.  Fabens  liad  come  to  this  country  with  his  entire 
approbation  in  the  representations  he  had  made  to  this  government,  as  to  his  wish  and  the 
wish  of  Ills  govc'rniiient  to  be  aiuiexeil. 

(.}.  Had  Mr.  Fabens  been  at  Washington  before  tliis,  making  representations  on  tho  part 
of  I'aez  ? — A.  It  seems  tiiat  he  had,  but  I'resident  Grant  had  not  told  me  that  at  tlio  time. 
It  ajipears  that  he  was  otie  (jf  the  parties  wlio  had  come  hero  and  made  sucii  representations. 
I  did  ni)t  tell  President  Baez  why  1  iiad  made  up  my  mind  not  to  accejit  Delmontn  as  an 
interpreter;  it  was  beciinse  he  did  not  understaml  the  construction  fif  the  English  languiige. 
He  can  read  it  very  well,  but  he  dms  imt  understand  it  so  as  to  talk  very  fluently.  Gnly  tin; 
day  before.  President  Baez  and  myself  c(immriifc'd  the  conversations  on  lh<!  subject,  and 
without  my  ever  (consulting  General  CaziK^au  in  reference  to  it,  we  settled  ujxm  him  as  in- 
terpreter. In  that  way  I  became  ac([naiiited  with  General  Cazneau.  Tho  result  nf  this  was 
tliat  President  Baez  directed  Mr.  Gautier,  tho  secretary  of  state,  to  reduces  to  writing  a  cer- 
tain memorandinn,  whicii  was  to  be  kept  in  entire  confidence  by  President  (Jrant,  unless 
acted  upon.  It  was  to  certify  simjily  wluit  he  and  I  agreed  on.  It  was  agreed  that  I  miglit 
show  it  to  Prc-iidftiit  (iraiit  to  sati.sly  him  that  I'rcsicleiit  Haez  was  in  lavor  nf  this;  and  tliat 
if  anybody  was  sent  out  |iro|ier]y  autliorized  to  make  a  treaty,  lie  would  abide  by  this  mem- 
orandum. It  was  signed  simply  liy  Gautier  and  myself  as  understanding  that,  in  case  some 
person  was  sent  out  to  make  negotiation  of  a  treaty,  if  any  (piestion  of  dispiUe  should  arise 
in  relation  to  tiiis  memorandum,  each  of  the  documents  would  iiave  our  signature.     It  was 


DAVIS    HATCH.  37 

sigued  without  any  onielal  capacity,  l)ut  simply  sigaed,    "  Mr.  (lauticr"  and  "  O.E.Bab 
cock." 

By  Mr.  ScilURZ  : 
Q.  Did  you  annex  any  official  title  to  your  signature  ? — A.  No,  sir,  neither  of  us  ;  on  my 
return  I  i^resonted  that  memorandum  to  tlie  President  and  to  the  Secretary  of  State. 

By  Mr.  Howard  : 

Q.  At  what  time  did  you  return? — A.  I  left  there  on  tlie  Gth  day  of  September,  reaching 
New  York  on  the  14th  ;  the  trip  is  about  eigiit  days.  Going  back  to  the  time  of  tlie  discussion, 
some  time  during  the  month  of  August,  one  day  a  little  man-of-war,  as  they  termed  it,  (it  is 
nothing  but  one  of  the  ligiit-ships  at  New  York,)  forming  one  of  tlieir  men-of-war,  came  in 
M'ith  a  prize,  as  they  represented  it,  of  the  Danish  bark,  the  Rocco,  and  they  reported  to  me 
that  this  bark  had  been  captured  at  Barahona ;  that  she  had  been  consigned  from  St. 
Thomas  to  a  gentleman  by  the  name  of  Hatch,  an  American,  who  was  living  there  at  Bara- 
hona,  and  tlioy  had  ascertaiuoil,  by  information  from  St.  Tiioraa-".,  tliat  siio  was  going  there, 
and  tiiey  had  sent  the  Calliope,  this  little  vessel,  and  the  Alta  Gratia,  another  vessel,  and  had 
seized  her  just  as  she  was  eutering  the  port  of  Barahona.  The  captain  came  up  with  this  ves- 
sel ;  I  saw  him,  but  did  not  couverse  with  him.  He  was  brought,  of  course,  as  a  prisoner, 
and  the  vessel  was  libeled  according  to  their  course — I  do  not  know  the  process — and  was 
condemned.  The  captain  of  her  consulted  with  a  young  gentleman  by  the  name  of  Hennen, 
who  went  down  with  us,  who  was  a  lawyer  from  New  Y'ork,  and  he  told  me  in  conversation 
that  he  thought  it  was  a  pretty  certain  case  that  the  vessel  was  violating  the  laws,  and  was 
properly'  condemned;  and  he  said  it  was  very  hard  on  the  captain,  as  the  captain  had  evi- 
dently been  deceived.  In  sending  him  from  St.  Thomas  they  had  not  let  him  know  that  Bara- 
lioua  was  not  a  port  of  entry,  and  that,  by  tlie  laws  of  that  republic,  any  vessel  entering  in  that 
way  to  a  place  not  a  port  of  entry  was  liable  to  condemnation.  The  vessel  was  sold ;  I 
think  the  sale  took  place  when  I  was  there,  but  I  am  not  positive  about  that ;  and  the  gov- 
ernment bought  her  in  and  retained  her. 

Q.  You  say  this  vessel  had  been  consigned  to  Hatch? — A,-  That  is  what  was  represented 
to  nie,  and  that  was  the  first  information  1  ever  received  in  reference  to  there  being  such  a 
person  as  Mr.  Hatch.  To  my  knowledge  and  remembrance  now,  it  was  the  first  informa- 
tion I  ever  knew  of  such  a  man.  They  told  me  that  Hatch  was  a  man  who  had  joined  the 
Cabral  party  in  opposition  to  the  government,  and  that  this  vessel  had  on  board  munitions 
of  war,  and  correspondence  going  to  the  Cabral  party,  through  the  vessel  consigned  to  Mr. 
Hatch.  They  then  told  me  that  they  were  going  down  there  with  a  force  to  drive  off  the  few 
Cabral  people  that  were  there.  Soon  after,  on  the  morning  of  the  '22d  of  August,  I  think — 
it  was  a  Sunday  morning,  and  the  custom  in  that  country  is  for  the  officials  to  pay  their  re- 
spects to  tlie  President  on  Sunday  morning — we  had  been  discussing  the  matter  I  referred  to 
as  to  annexation;  and  Mr.  J.  Somers  Smith,  United  States  consul,  came  in  \vith  the  other 
consuls  to  pay  respects  to  the  President.  Mr.  Smith  very  soon  introduced  the  subject  of 
Mr.  Hatch,  stating  that  he  understood  BIr.  Hatch  h  id  been  arrested  and  that  he  was  on  his 
way  there  in  irons,  and  he  wanted  a  copy  of  the  charges.  The  President,  Baez,  turned  to 
General  William  Ij.  Cazneau,  interpreter,  who  was  there,  and  asked  him  to  interpret  for  me, 
turning  from  Mr.  Smith,  and  then  told  him  to  tell  me  what  he  w;is  telling  Mr.  Smith.  The 
substance  of  what  he  said  was  :  "Mr.  Smith,  I  allowed  Mr.  Hatch  to  come  back  here  on 
your  representations  and  on  your  pledge  as  the  representative  of  the  American  government 
that  ho  would  not  oppose  the  republic ;  and  what  do  I  find  but  he  is  there  at  Barahona  and 
joined  with  the  Cabral  party,  and  tliis  vessel  has  been  consigned  to  him,  and  his  house  has 
been  used  as  an  arsenal,  and  when  the  troops  went  doAvn  there  he  fled  into  the  woods,  but 
they  went  and  found  him  in  the  bushes;"  and  otiier  charges  of  tl'.at  kind.  He  told  me  that 
lie  was  on  his  way  tliere  to  be  tried.  Mr.  Smith  represented  that  this  man  Hatch  was  a  man  of 
importance  ;  that  lie  was  a  friend  of  Mr.  Schell  and  other  people  in  New  York  in  reference  to 
a  salt  grant,  and  that  he  had  been  a  correspondent  of  the  New  Y''ork  Times,  and  things  like 
that.  Very  soon  the  conversation  ceased,  Air.  Smith  and  the  President  exhibiting  consider- 
able feeling. 

By  Mr.  ScHURZ : 
Q.  Did  you  interfere  in  any  way  in  that  conversation? — A.  No,  sir  :  I  simply  listened  to 
what  they  said.  After  Mr.  Smith  went  out,  President  Baez  told  me  that  Mr.  Hatch  had 
been  arrested,  and  was  then  at  Azua,  on  his  way  to  San  Domingo  City,  to  be  tried,  and 
asked  me  about  it,  and  I  said  :  "  Mr.  President,  you  must  be  certain  that  you  are  right  in 
the  question  of  law,  if  you  try  Mr.  Hatch  for  any  such  thing ;  if  you  have  the  proof  posi- 
tive that  ho  has  been  attempting  to  overthrow  your  government,  I  do  not  suppose  our 
government  will  in  any  way  interfere  in  the  case  ;  but  you  must  be  very  certain  that  your 
evidence  is  entirely  correct."  That  is  all  the  opinion  or  instruction  I  ever  gave  to  hioi 
about  it.  Once  or  twice  during  the  conversation  he  referred  to  Mr.  Hatch,  and  to  the  part 
that  Mr.  Smith,  in  the  interest  of  Mr.  Hatch,  had  taken,  and  I  invariably  answered  in  that 
way,  that  if  he  had  any  charges  against  Mr.  Hatch  he  must  make  them  out  in  writing,  and 
sehd  them  to  the  State  Department  in  Washington ;  that  I  had  no  authority  to  treat  on  any 
such  case  whatever      President  Baez  and  his  cabinet  told  me  that  Mr.  Smith,  the  commer- 


38  DAVIS    HATCH. 

cial  agent  there,  was  not  a  friend  of  those  people,  not  a  friend  of  their  republic  ;  that  he  was 
in  the  interest  of  Cabral,  and  they  believed — though  they  did  not  give  ma  any  proof — that 
he  was  in  communication,  and  that  his  office  was  used  as  a  means  of  communication  with 
the  Cabral  force  that  was  trying  to  be  raised  against  the  republic. 

By  Mr.  Schurz  : 

Q.  Did  you  see  any  indications  of  that  ? — A.  Xo,  sir  ;  I  did  not.  I  did  not  tell  Mr.  Smith 
my  business  on  the  island.  I  called  on  Mr.  Smith  the  second  day  after  I  arrived  there,  but 
of  course  I  did  not  tell  him  my  instructions  or  anything  of  the  kind.  They  told  me  that  he 
was  unfriendly,  and  told  me  tha.t  at  one  time  he  came  into  the  office  bringing  with  him  the 
Italian  consul.  Mr.  Cambiacco  I  think  was  the  name,  and  asked  him,  at  the  time  Mr. 
Fabens  was  on  his  way  up  here  to  make  this  proposition,  whether  they  had  sent  him  to  con- 
sider the  subject  of  annexation. 

Q.  Was  that  while  you  were  there? — A,  I  heard  this  was  while  I  was  there. 

Q.  When  Mr.  Fabens  was  on  his  way  to  Washington  ? — A.  No  ;  Mr.  Fabens  was  there 
at  the  time.  I  say  they  told  me  that  Mr.  Smith  came  into  the  President's  one  morning, 
when  Mr.  Fabens  was  here,  previous  to  thi.«,  I  do  not  know  the  date,  and  brought  with  him 
the  Italian  consul,  and  asked  him  in  the  presence  of  the  Italian  consul  whether  he  liad  any  one 
negotiating  for  the  sale  of  Samana  or  the  annexation.  President  Bacz  told  me  that  a  question 
like  that  he  could  not  answer  to  Mr.  Smith  in  the  presence  of  such  a  v>-itness,  a  European 
who  was  opposed  to  him,  and  he  told  him  that  he  had  not.  He  said  Mr.  Smitii  took  advan- 
tage of  the  fact  that  Mr.  Fabens  was  on  bis  way  home  at  the  time,  and  that  he  had  no  one  in 
Washington  at  this  time.  They  made  these  charges  against  Mr.  Smith,  that  he  was  in  the 
interest  of  Cabral,  though  they  did  not  attack  his  character,  so  that  I  saw  they  had  no  kind 
feelings  toward  him  so  far  as  the  question  of  annexation  was  concerned,  and  I  never  told  him 
my  business  in  the  island  at  all.  I  visited  Jlr.  Smith  at  his  room  two  or  three  times  ;  and  I 
think  once  Mr.  Smith  spoke  to  me  about  the  arrest  of  Mr.  Hatch.  I  know  he  asked  me  to 
interfere,  or  something  of  the  kind,  and  I  told  him  that  the  President  had  informed  mo  that 
Mr.  Hatch  had  been  assisting  the  Cabral  part}^  and  those  charges  had  been  preferred  against 
liim,  and  that  I  had  told  him  he  must  forward  all  the  charges  to  Washington  in  order  to  have 
any  action  of  our  government.  On  the  2d  of  September  the  steamer  Tuscarora  cauie  in  and 
reported  to  me.  I  ouglit  to  go  back  and  state  that  before  leaving  for  San  Domingo,  on  the 
12th  of  July,  the  Secretary  of  the  Navy  sent  the  following  letter  to  commander  E.  K.  Owen, 
commanding  the  steamer  Seminole  : 

"Navy  Depart.ment,  July  10,  Ib'GD. 
"  Sir  :  YoTi  will  proceed  without  delay  to  the  bay  of  Samana,  in  the  island  of  San  Domingo, 
and  ascertain  if  there  is  a  steamer  there  present  named  the  Telegraph,  under  the  command 
of  one  Lujieron,  or  officers  of  his.  This  vessel  has  been  interfering  with  American  com- 
merce, and  sailing  on  the  high  seas  without  legal  authority.  You  are  directed  to  seize  her 
and  bring  her  into  the  port  of  Baltimore.  You  will  stop  at  no  other  American  port  unless 
coiii])elh-d  to  do  so  by  stress  of  weather.  You  will  be  particular  to  bring  with  the  vessel  the 
officers  and  crev,-,  and  all  papers  found  on  board.  Transfer  a  sufficient  number  of  the  pris- 
oners to  your  own  vessel,  to  prevent  recapture.  Keep  the  captured  steauier  in  sight  of  you, 
and  under  your  guns,  on  the  way  home. 

"Two  engineers,  in  addition  to  the  complement  of  j'our  vessel,  will  be  ordered,  and  four 
extra  firemen  and  six  coal-heavers,  to  work  the  ])ri>;e  home. 

"If  j-ou  do  not  lind  the  vessel  alluded  to  in  Samana  Bay,  search  for  her  along  the  coast 
until  you  liiid  her.  If  she;  has  faik'n  into  the  hands  of  the  Dominican  government,  or  into 
the  hands  of  a  United  Stales  or  Knglish  cruiser,  j'ou  will  touch  at  tlu;  several  Dominican 
ports  on  your  way  to  Key  West,  where  you  will  proceed  to  report  to  Kear-Admiral  H.  K. 
llofffor  duty  in  the  North  Atlantic  squadron  under  his  command. 
"  yury  respectfully, 

"CKO.  M.  ROBESON, 

"  Sccrrtari)  of  the  Nary. 
"Commander  JO.  K.  Owkn, 

'^  Cornmtnuliuir  Vnilr.d  t-lalrs  Stcmiirr  Srminvlc,  Jlaiitpton  Roads,  I'irginia, 

"True  copy  from  the  records  o(  tiie  Navy  Department. 

"JNO.  W.  HOGG, 
"Acting  Chiif  Clerk. 
"Jl'NE  9,  1H70." 

I  took  with  mo  a  letter  to  the- commanding  officer  of  the  same  vessel,  sujiposing  I  should 
find  him  at  Samana,  of  which  the  following  is  a  cupy  : 

"  Navv  DKrAUTMKNT,  July  j;5,  ISO'J. 
"Sir  :  You  will  remain  at  Samana,  or  on  the  coast  of  San  Domingo,  while  General  Bab- 
cock  \n  there,  and  give  him  the  moral  support  of  your  guns. 

"General  Babcock  goes  out  in  the  Tybec,  with   instrwctions  from  Ihe  President,  which 


DAVIS    HATCH.  39 

you  will  afford  him  every  racility  to  carry  out.  If  it  is  not  possible  to  accompany  the  prize 
home,  in  case  you  capture  the  Telegraph,  you  will  put  a  prize  crew  on  board  of  her,  with 
your  marines,  and  send  her  to  Baltimore,  as  before  directed,  remainiuj^  yourself  witli  General 
Babcock. 

"In  case  you  fall  in  with  the  Nipsic,  or  any  other  of  our  vessels  of  war,  you  will 
direct  the  commander  to  accompany  General  Babcock,  and  proceed  yourself  to  carry  out 
your  original  orders. 

"The  Tybee  will  carry  out  three  hundred  tons  of  coal  for  you,  which  you  will  use 
either  for  your  own  ship  or  for  the  prize. 

"I  desire  that  you  should  extend  every  attention  and  facility  to  General  Babcock  while 
in  the  execution  of  his  present  duty, 
"  Very  respectfully, 

"GEO.  M.  ROBESON, 

' '  Secretary  of  the  Navy. 
"  Commander  E.  K.  OWF.N, 

"  Commanding  United  States  Steamer  Seminole. 


"True  copy  from  the  records  of  the  Navy  Department. 


"June  9,  1870." 


JOHN  W.  HOGG, 

"  Acting  Chief  Clerk. 


The  letter  I  took  out,  expecting  to  find  Commander  Owen  there  with  the  Seminole. 

Q.  What  was  meant  by  the  expression  that  General  Babcock  was  to  have  the  "  support  of 
your  guns  .'  " — A.  I  do  not  know  anything  more  than  simply  a  compliment  that  I  was  ;  but 
it  says  "  moral  support."  Remaining,  I  do  not  know  how  many  da3's,  and  not  linding  the 
Seminole  at  Porto  Plata,  or  Samana,  and  not  hearing  of  her,  and  hearing  that  this  vessel, 
the  Telegrafo,  had  gone  to  the  windward,  and  it  being  supposed  after  a  number  of  days 
that  she  had  gone  to  Key  West — at  the  time  the  Danish  bark  liocco  was  captured — they 
told  me  that  they  had  information  that  the  Telegrafo  was  to  go  out  upon  the  high  seas 
again  ;  that  she  had  been  into  the  port  of  Tortola  in  the  British  West  India  Islands,  and 
was  to  be  at  large  again  on  the  high  seas.  I  sent  a  note  to  General  Porter,  of  the  Presi- 
dent's staff,  informing  him  that  the  Seminole  was  not  there,  and  that  the  rumor  was,  I  did 
not  know  whence  it  came,  that  she  had  the  yellow  fever  and  had  gone  north ;  and  there 
ought  to  be  some  vessel  sent  out  to  hunt  up  this  Telegrafo. 

Q.  What  was  the  character  of  the  Telegrafo  at  the  time? — A.  I  will  show  you  before  I 
get  through.  She  was  claimed  to  be  a  pirate.  She  had  overhauled  a  vessel  carrying  the 
American  ilag.  She  went  out  from  Samana  to  these  islands,  I  do  not  know  which  one,  under 
an  American  flag,  and  then  hoisted  the  Venezuelan  flag;  appeared  before  the  town  of 
Porto  Plata  with  the  Venezuelan  flag,  sent  ashore  and  demanded  tiie  surrender  of  the  town. 
The  people  refused  to  surrender  the  town,  and  fired  at  her.  She  fired  into  the  town  some  shots. 
She  then  went  around  to  Samana  under  the  Dominican  flag,  and  remained  there  some  days, 
and  then  went  around  to  Barahona,  where  she  discharged  her  guns  and  munitions  of  war  at 
the  port  where  Mr.  Hatch  was  at  the  time.  On  the  2d  of  September  Commander  Queen, 
the  senior  officer  on  the  steamer  Nantasket,  reported  to  me,  and  showed  me  a  telegram,  of 
which  this  is  a  copy  : 

[Telegram.] 

"  Navy  Department,  August2'i,  J869. 
"Commander  W.  y^.  Queen,  Senior  Officer  U.  S.  N.,  Key  IVest,  Florida: 

"Direct  a  vessel  to  proceed  without  a  moment's  delay  to  San  Domingo  City,  to  be  placed  at 
the  disposal  of  General  Babcock  while  on  that  coast.  If  not  at  San  Domingo  City,  to  find 
him. 

"M.  SMITH, 
"  Acting  Secretary  of  the  Navy. 

"True  copy  from  the  records  of  the  Navy  Department. 

"  JNO.  W.  HOGG, 

"  Acting  Chief  Clerk.'' 
"  June  9,  1870." 

The  vessel  appeared  on  the  evening  of  the  2d  of  September.  I  think  Mr.  Smith,  our 
commercial  agent  at  San  Domingo,  being  a  very  elderly  man,  his  sou  did  all  the  visiting  of 
vessels  ;  and  young  Mr.  Smith  went  off  to  visit  this  vessel,  and  came  ashore  with  one  of  the 
officers,  who  inquired  at  once  if  I  was  there,  and  he  came  and  reported  to  me.  This  was 
the  first  information  Mr.  Smith  had  that  I  had  any  official  capacity  on  the  island.  He  af- 
terward told  the  officer — so  it  was  reported  to  me — that  I  was  there  looking  after  some  pri- 
vate claims.  That  evening,  while  at  the  hotel,  Mr.  Smith,  the  son  of  the  commercial  agent, 
wanted  to  know  if  I  did  not  think  it  would  be  a  good  plan  to  send  this  vessel,  the  Tuscarora, 
down  to  Barahona,  where  Mr.  Hatch  was.     I  told  him  that  Mr.  Hatch  had  been  interfering 


40  DAVIS    HATCH. 

with  tbe  rebellion  in  that  couutiy,  and  that  I  should  htive  nothing  to  do  with  the  case. 
President  Baez,  however,  on  the  22d  of  August,  as  I  have  said,  after  Mr.  Smith  left,  had  told 
rae  that  Mr.  Platch  was  then  at  Azna,  on  his  way  to  San  Domingo  City  to  be  tried.  I  knew, 
of  course,  that  it  was  of  no  use  to  send  this  vessel  to  Barahona  if  Mr.  Hatch  was  at  Azna, 
on  his  way  to  San  Domingo.  That  would  have  settled  it  in  my  own  ;niud  that  there  was 
no  use  of  seuding  the  vessel  to  Barahona  ;  hut  in  addition  to  that,  I  did  not  tell  Mr.  Smith 
that  I  was  going  to  send  this  vessel  after  the  piratical  craft,  the  Telegrafo,  because,  from 
what  they  had  told  me,  it  vvas  evident  that  they  supposed  Mr., Smith  was  in  the  interest  of 
those  people.  I  do  not  know  whether  he  was  or  not ;  but  if  ho  was,  he  could  easily,  as  this 
vessel  was  under  sail  only,  (saving  her  coal  in  case  she  should  fall  in  with  anything  to 
chase, )  send  a  schooner  over  to  St.  Thomas  and  inform  the  parties  where  the  Telegrafo  was  ' 
supposed  to  be,  in  Tortola,  as  quickly  as  this  vessel  could  go  over. 

When  Captain  Queen  came  on  shore  to  pay  his  respects  to  the  President,  I  went  with  him. 
I  wished  to  tell  him  about  where  this  vessel  was  going,  and  for  that  reason  I  did  not  invite 
Mr.  Smith  to  go  with  me.  It  was  not  an  oversight  on  my  part  at  all,  it  was  intentional.  I 
did  not  invite  him,  because  I  did  not  wish  him  present  while  Captaiu  Queen  Avas  with  me 
at  the  President's  liouse. 

Q.  Did  Captain  Queen's  vessel  remain  there  ? — A.  It  remained  there  until  the  4th.  It 
arrived  on  the  2d  and  remained  until  the  4th.  It  remained  two  or  three  days.  I  then 
turned  over  the  copy  of  the  instructions  I  have  presented  to  the  commanding  officer  of  the 
Tuscarora,  that  v.'ere  intended  for  the  commanding  officer  of  the  Seminole,  as  that  vessel 
had  not  come  to  me.  I  turned  them  over  to  him,  explaining  in  a  letter  the  object  of  those 
instructions,  and  requesting  him  to  go  to  Tortola,  or  wherever  he  could  find  that  th.e  vessel 
was,  and  ascertain  whether  she  had  been  released,  and  Avhether  she  v.'as  on  the  high  seas 
again,  and  if  she  was  on  the  high  seas,  as  our  government  believed  her  to  be  a  pirate,  I 
thought  he  was  justified  under  those  instructions  of  the  Secretary  of  the  Navy  to  seize  her 
and  bring  her,  as  instructed,  to  Baltimore;  and  if  he  found  that  she  was  still  there  he  ought 
to  get  a  pledge  from  those  people  that  she  should  not  be  allowed  to  go  out  ou  the  high  seas  ; 
that  if  she  was  in  the  hands  of  the  British  autliorities  of  that  colony,  he  should  get  an  assur- 
ance that  she  should  not  go  out  as  a  pirate.  I  have  v.ith  me  a  copy  of  that  letter.  It  is  as 
follows : 

"  S.iiN  Domingo,  W.  I.,  September  4,  1869. 

"  Siu  :  I  liave  the  honor  to  recjuest  that  you  v>-ill  proceed  to  the  island  of  St.  Thomas,  and 
Tortola,  if  necessary,  and  ascertain  the  exact  condition  under  which  the  piratical  steamer 
Telegrafo  was  released,  if  released  at  all  ;  under  what  flag  she  now  sails,  and  her  destina- 
tion. 

"  B}'  the  letter  that  I  transmitted  to  you  from  the  Secretary  of  the  Navy  to  Commander 
Owen,  United  States  Navy,  you  will  see  tiuit  our  own  government  did  regard  her  as  a  pirate.  It 
is  the  opinion  of  the  President  of  the  liepublic  of  San  Domingo,  that  the  sale  of  the  Telegrafo, 
if  sold,  was  simply  in  form,  that  she  still  belongs  to  the  same  parties,  and  that  she  is  to  be 
used  against  this  republic.  Should  you,  after  examination,  bo  convinced  that  such  is  the 
case,  you  will  inform  the  government  that  released  her  of  the  promises  made  to  Commander 
Owen,  and  request  them  to  prevent  her  going  to  sea  without  proper  guarantees  against  her 
appearing  as  a  pirate.  If  she  has  been  released  and  you  are  satisfied  that  she  belongs  to 
the  same  parties,  I  think  you  will  be  justitied  in  seizing  her  and  disposing  of  her  as  directed 
by  the  Secretary  of  the  Navy. 

"  You  will  please  communicate  (confidentially)  to  our  consul  at  St.  Thomas  that  it  is  the 
wish  of  President  Grant  that  the  kindest  relations  exist  between  our  government  and  the  lie- 
public  of  San  Domingo." 

I  explained  to  Captain  Queen  my  mission  on  the  island,  so  that  he  would  understand 
it;  and  that  is  what  I  meant  in  this  part  of  the  letter : 

"  On  securing  this  information  you  v,  ill  please  rcluru  here  and  inform  this  government  of 
the  destination  of  the  Tch-grafo,  and  such  other  information  coucorning  her  as  you  may 
think  proper.  This  informiiiion  can  bo  communicated  to  President  Baez,  through  General 
W.  L.  Cazncau. 

"  On  your  cruiso  after  leaving  liere,  after  reporting  the  information  requested  to  President 
Baez,  you  will  please  touch  at  .Sanunia  and  I'orto  Plata ;  a  few  hours  at  each  place  will  bo 
sufficient. 

"  I  have  furnislied  you  such  information  as  this  government  has  furnished  mo  regarding  the 
steamer  Telegrafo,  and  a  letter  from  an  Americau  citizen  at  Samaua,  obtained  from  the 
United  States  commercial  agent  here. 

"  Will  you  forward  these  papers  to  mo  at  Wasliington,  District  of  Columbia,  retaining 
sudi  copies  as  yon  may  wish  / 

"  I  am,  commander,  your  obedient  .servant, 

"O.  K.  BABCOCK, 
"  Sr.rrdnry  In  llin  I' resident  nnil  Sprxinl  Agent. 
"  Captain  W.  W.  Qukf.n,  IL  S.  N., 

Commandin<r  United  States  Siramcr  Tttsrarora:' 


DAVIS    HATCH.  41 

Cominantler  Queen  wont  with  tlie  Tiiscarora  to  Tovtoln.  I  Iiave  here  his  original  report 
to  tlio  Navy  Department,  and  I  will  call  attention  to  portions  of  it.  It  begins  with  a  letter 
dated  St.  Christopher,  September  II,  IS&J.     I  will  read  only  a  portion: 

"The  policy  of  the  government  of  the  island  in  relation  to  tlio  Telegrafo  has  been  ex- 
tremely vacillating,  caused,  no  doubt,  in  a  great  measure  by  the  persons  interested  in  the 
vessel,  many  of  which  are  at  present  here,  having  accompanied  Governor  Pine  from  An- 
tigua. The  governor  himself  has  developed  in  council  tiiat  the  .sale  of  the  ves.icl  was  a 
sham.  The  officer  effecting  the  sale  has  been  dismissed,  and  the  money  paid  into  the  colo- 
nial treasury,  as  the  commission  on  the  sale  has  been  returned.  The  only  paper  which  the 
vessel  .was  enabled  to  exhibit  at  Tortola  was  a  bill  of  health  furnished  by  one  H-j,tch,  an 
American,  at  Barahona,  a  Dominican  port,  not  a  port  of  entiy." 

On  September  20  lie  transmits  the  various  papers  that  had  been  furnished  to  him  ia 
reference  to  this  vessel,  and  the  last  one,  numbered  26,  is  : 

"  I  hereby  certify  that  the  steamer  Telegrafo  (or  Restauraclon)  arrived  iu  the  port  or  har- 
bor of  Tortohi  on  tiie  J2th  July  last  past  under  Dominican  colors,  produced  at  the  custom- 
house a  clearance  and  bill  of  health  from  the  port  of  Barahona,  San  Domingo  ;  and  no  other 
documents  to  prove  her  nationality  or  ownership  were  exhibited. 

"  Tortola,  Gth  Au-Tust,  ]8()9. 

"ISAAC  FAKRINGTOX, 

^^Comptroller  Customs. 

"  I  hereby  certify  that  Isaac  Farringtou,  esq.,  is  comptroller  of  customs. 

"JOSEPH  G.  GOEDON, 

"  Provost  Alarshal.'" 

These  papers  contain  account  of  the  cruise  of  the  Tuscarora.  I  only  call  atteution  to  tlie 
papers  I  have  read,  as  Captain  Queen  states  what  these  papers  were  and  by  whom  they  were 
signed.  In  my  instructions  to  him  I  mentioned  that  I  left  for  him  a  letter  from  an  American 
citizen  at  Samana.  While  there  they  told  me  that  the  Telegrafo  had  fired  into  the  town,  and 
that  they  had  arrested  American  citizens  there,  and  taken  them  on  board,  and  that  a  gentle- 
man by  the  name  of  floran  had  made  a  protest  against  it.  I  went  around  to  the  commercial 
ageuc}',  in  San  Domingo,  and  asked  the  younger  Mr.  Smith,  in  the  first  place,  if  there  was 
such  a  protest.  He  told  me  there  was  none.  I  do  not  mean  to  insinuate  that  Mr.  Smith 
meant  to  say  there  was  no  such  paper,  but  he  meant  that  it  was  not  iu  the  form  of  a  protest. 
Then  I  asked  him  if  there  was  not  a  letter  from  Mr.  Horan,  protesting  against  the  course 
of  the  Telegrafo.  He  said  there  was  a  letter  from  Mr.  Horan.  What  I  mean  to  say  is,  I 
do  not  wish  to  insinuate  that  Mr.  Smith  intended  to  deceive  me  in  any  way.  He  only  meant 
that  this  was  a  letter,  and  not  a  protest.  Ho  meant  that  it  was  not  a  formal  protest.  I 
spoke  then  to  his  father,  and  asked  liitn  if  there  was  such  a  letter.  He  told  me  yes,  he  had 
received  a  letter  of  this  kind  from  Mr.  Horan,  but  he  regarded  it  as  an  entirely  unoflicial  mat- 
ter, and  had  laid  it  aside.  I  asked  him  if  he  would  let  me  see  it.  He  tohl  me  ho  would.  I 
asked  him  for  the  letter  after  reading  it,  and  this  is  the  letter  that  v.-as  furnished  : 

"Hauuoh  of  Samana,  on  uoard  of  ScnooxER  Nicolino, 

''June  14,  18(39 — 4  p.  m. 
"  SlU  :  It  is  my  painful  duty  to  inform  you  that  I  am  on  board  this  vessel  for  personal 
safety,  as  my  house  Avas  fired  upon  this  morning,  whether  accidentally  or  not  I  do  not 
know,  by  the  steamer  Telegrafo,  that  flies  the  Dominican  flag,  and  one  of  her  shot  passed 
through  it.  The  said  steamer  is  now  anchored  some  five  miles  irom  the  town.  Her  com- 
mandant, General  G.  Luperon,  held  me  as  a  prisoner  on  board  some  twenty-four  hours  on 
suspicion  of  having  sold  powder  to  the  enemy.  He  has  informed  me  that  if  this  vessel 
attempts  to  get  under  way  he  will  sink  her  with  the  guns  of  the  above-mentioned  steamer. 

"Now,  sir,  as  you  are  aware,  I  am  a  citizen  of  the  United  States,  and  ain  living  here 
peaceably,  attending  to  my  legitimate  business,  and  never  mixing  with  the  politics  of  the 
country  in  any  way  whatever.  I  claim  the  immediate  protection  of  my  government  that 
you  represent  in  this  republic. 

"I  would  also  on  this  occasion  beg  to  inform  your  honor  that  there  arc  several  other 
Americans  here  that  require  protection,  and  sincerely  hoping  that  through  your  iniluence  we 
shall  receive  succor  at  as  early  a  day  as  possible, 

"  I  subscribe  myself,  your  honor's  obedient  servant, 

"LEWIS  HOKAN. 
"Hon.  J.  S.  Smith, 

"  United  States  Consul,  Citij  Sa?i  Domingo. 

"  P.  S. — I  would  also  beg  to  remind  yon  that  my  presence  in  Venezuela  is  required  at  as 
early  a  day  as  possible,  on  some  matters  of  the  greatest  importance,  and  unless  I  am  released 
to  attend  to  them  I  shall  suffer  irreparable  loss." 

I  asked  Mr.  Smith  if  he  would  eive  mo  this  letter  and  he  told  me  he  would  :  and  I  asked 


42  DAVIS    HATCH. 

him  to  put  sometiiinf^  on  it  so  that  I  should  know  that  I  received  it  from  him,  and  he  put  on 
it  this: 

"  General  O.  E.  Baccock. 

"Dear  Sir:  I  hand  you  this  letter,  addressed  to  me  by  Mr.  Lewis  Horau,  and  you  can 
make  such  use  of  it  as  you  see  fit. 

"J.  SOBERS  SMITH, 
"  United  States  Consul  Sun  Domingo  City. 
"September  1,  1869." 

The  letter  was  dated  on  the  14th  of  June,  and  handed  to  me  on  the  1st  of  September. 
The  fact  that  this  letter  had  not  been  forwarded  to  the  department,  and  that  no  attention 
had  been  paid  to  it,  led  me  to  think  that  Mr.  Smith  perhaps  had  sympathy  with  the  Cabral 
party,  as  he  was  accused  of.  I  did  not  know  it,  and  that  is  the  only  thing  I  saw  that  would 
go  in  the  form  of  any  proof;  but,  after  what  they  told  me  and  ou  account  of  this  letter,  I 
did  not  intend  that  Mr.  Smith  should  go  witli  me  when  I  presented  Captain  Queen  to  Presi- 
dent Baez.  Soon  after  my  return  to  Washington,  these  papers  were  brought  back,  and  any 
opinions  I  ever  expressed  in  reference  to  Jlr.  Hatcli,  to  Mr.  Perry,  or  to  any  other  person, 
were  based  entirely  on  this  evidence.  I  tokl  Mr.  Perry,  before  he  went  down  there,  that 
there  was  such  evidence  on  file  here;  that  Commander  Queen  had  made  such  reports,  and 
I  gave  hiui  this  as  matter  of  information  to  guide  him — not  that  I  had  any  desire  to  oppose 
Mr.  Hatch.  Whatever  he  may  have  said  to  me,  I  have  no  remembrauco  of  Mr.  Perry  ever 
asking  me  v/hat  he  should  do  in  San  Domingo,  or  asking  any  advice  from  me  on  that  mat- 
ter; but  whatever  opinion  I  gave  to  liim  Avas  in  that  way,  that  so  far  as  I  was  concerned  I 
should  have  nothing  to  do  with  the  case,  as  I  believed,  from  the  evidcr.ce  of  Captain  Queen, 
that  Mr.  Hatch  had  been  joining  in  the  revolution  against  Baez,  and  if  he  had,  and  had  been 
tried,  it  v,as  a  matter  that  I  had  no  business  to  interfere  with.  T  never  told  him  or  anybody 
else  that  I  did  not  wisli  Mr.  Hatch  released  ou  account  of  anything  that  lie  would  say  or 
could  do  as  to  annexation,  because  I  understood  all  this  myself,  tliat  Mr.  Hatch  was  in  favor 
of  annexation  of  the  island  of  Sau  Domingo.  I  understood  him  to  be  a  man,  too,  of  good 
address ;  and  so  far  as  the  character  of  Mr.  Hatcli  is  concerned,  I  have  yet  to  leani  of  any- 
body attacking  liis  character  as  a  man.  Tiie  only  thing  I  have  ever  heard  against  Mr. 
Hatch  is  tliat  he  joined  this  opposition,  and  that  he  was  captured  iu  this  business.  What  I 
heard  at  the  time  of  the  interview  I  spoke  of  on  Sunday  morning,  the  22d  of  August,  was 
an  explanation  to  me  of  the  ill  feeling  between  President  Baez  and  Mr.  Hatch.  General 
Cazneau,  after  that  conversation,  told  me  that  tlicre  had  been  a  correspondence  published 
in  the  New  York  papers  in  v.hich  Mr  Hatch  had  deinninced  President  Baez  as  being  a  bas- 
tard, and  other  things  of  tliat  kind,  attacking  his  family.  The  uiifoitunate  part  of 
the  business,  as  Mr.  Cazneau  told  me,  was  that  it  was  true;  that  Baez  was  an 
illegitimate  son,  and  that  there  had  been  this  personal  feeling,  and  that  only  by  the 
intervention  of  Mr.  Smith,  liad  Mr.  Hatch  been  allowed  to  go  back.  That,  to  the 
best  of  my  belief  and  memory,  was  the  first  time  General  Caztiean  ever  spoke  to 
me  about  Mr.  Hatch,  and  I  do  not  think  General  Cazneau  ever  talked  to  me  a  hundred 
words  with  reference  to  flir.  Hatch.  Ho  never  used  any  influence  to  try  to  get  mo  to  have 
Mr.  Hatch  retained.  I  always  told  him  I  did  not  wish  to  have  anything  to  do  with  tlie 
Hatcli  case,  because  I  thougiit  Mr.  Hatch  guilty,  on  the  evidence  furiiisiied  by  Captain 
Queen.  I  do  not  know  that  I  always  said  tliat  1  believed  it  on  that  account,  but  that  was 
my  conviction  ;  and  before  Mr.  I'eny  went  away  I  told  iiim  these  things.  I  gave  Mr.  Perry 
a  letter  of  introduction  to  Mr.  Gautier,  the  Dominican  secretary  of  state,  a  letter  of  introduc- 
tion to  Mr.  Cazneau,  and  a  letter  of  introduction  to  Mr.  Fabens,  I  think,  but  I  am  not  positive. 
I  told  liiin  tliat  the  secictavy  of  state  ha<l  inl'ornied  me  that  he  lind  not  very  great  confidence  in 
or  did  iKil  like  Mr.  Cazneau  ;  tliat  Ik;  had  somi;  such  feeling  as  that  toward  liim.  1  explained 
that  to  Mr.  Perry,  so  tliat,  as  I  said  to  him,  he  might  nut  l»e  deci^iveil  by  my  introductions; 
that  so  far  as  I  had  secjii  there  had  been  nothing  improper  in  the  conduct  of  these  men.  I  gavi^ 
him  this  matter  of  information,  and  on  the  saiiK'  ground  I  s[)okcof  the  case  of  Mr.  Hatch  tliat 
had  come  up  there.  On  Mr.  Perry's  return  to  Washington  he  camo  up  to  the  Executive 
Mansion,  sent  his  card  to  me,  an<l  was  shown  into  the  room.  He  told  me  that  he  wauled 
to  COMIC  to  me  and  learii  if  there  was  anything  ho  could  do  iu  reference  to  !inncxation.  I 
asked  him  how  matters  liad  iieen  going  on  in  the  island.  He  told  me  that  h:)  was  satisfied 
u  large  majority  of  the  people  were  in  favor  of  annexation,  and  told  iiie  with  n-gard  to  va- 
rious little  matters  that  we  were  talking  aiiout.  I  askc^j  him  if  he  had  a  positive  order  for 
tlu!  release  of  Mr.  Hatch,  and  he  saicl  that  ho  h^d.  I  told  him  that  tiie  rtfasoii  I  asked  him 
was  that  tli(Mo  had  been  a  question  whether  the  Secretary  of  State  had  demanded  the  release 
of  Mr.  Hatch  without  the  order  of  the  Presidi-nt,  and  I  w.antiul  to  know  wli  -ther  there  had 
h(!eii  a  positive  order  sent  down  for  the  rcleasi'  of  Mr.  Hut(;li ;  I  lui^iiii  that  that  was  my  ob- 
ject in  asking.  I  told  him  that  the  demand  wcMit  willioiU  thn  kiiowliMlge  of  the  President, 
which  I  believe  is  a  fact.  As  to  exiiressing  any  regret  that  Mr.  Hatcli  was  released,  I  did 
not  do  it.  I  have  felt  all  along  that  the  detention  of  Mr.  Hatch  had  been  very  unfavorable, 
because  I  believe  that  if  Mr.  Hatch  had  been  released  in  the  early  part,  all  lio  could  have 
said  could  have  done  no  harm  as  to  the  treaty  of  annexation. 


DAVIS    HATCH.  43 

By  Mr.  Howard  : 

Q,  Did  you  ever  receive  a  grant  of  any  lauds  on  that  island  ?— A.  Never  of  any  land  or 
property  of  any  kind  whatever. 

Q.  Was  any  j^rant  ever  tendered  to  you  by  Baez  or  the  authorities  there  ? — A.  No,  sir. 
The  only  thing;'  that  ever  in  any  way  appeared  like  a  grant  or  an  offer,  or  anything  of  the 
kind,  was  before  the  signing  of  the  treaty.  Afu-r  everything  iiad  b.HMi  settled  upon,  Presi- 
dent Baez  said  to  my  interpreter,  General  Sackett:  "I  do  not  want  to  sign  these  papers  until 
to-morrow."  The  arrangement  had  been  made  that  we  were  to  go  away  on  a  steamer  at 
such  a  day,  and  we  wanted  to  get  away.  Everything  had  been  settled  ;  there  was  nothing 
more  to  be  done  except  the  mere  signing.  He  did  not  give  any  reason  wliy  the  treaty  should 
not  be  signed  that  day.  I  told  General  Sackett  to  ask  the  reason  why  he  wanted  to  postpone 
tiie  signing.  General  Sackett  asked  him,  and  ho  said  :  "  I  do  not  want  to  sign  this  now ;  I 
want  to  go  over  and  see  some  friends  in  the  senate,  to  see  if  they  will  not  make  a  concession 
of  land  to  General  Babcock  at  Samana."  Gi^ueraJ  Sackett  laughed  at  him,  and  told  him  that 
would  never  do ;  such  a  thing  as  that  would  be  very  improper.  The  general  then  turned 
to  me  and  made  a  translation  of  what  he  ha'l  said,  and  I  told  him  I  could  not  listen  to  such 
a  thing  for  a  moment.  That  ended  it,  and  the  treaty  was  signed  that  day.  He  said  the 
reason  he  wanted  it  not  signed  that  day  v.'as  that  he  wished  to  go  over  to  the  senate  and 
liavo  the  senate  make  that  concession,  because  the  sixth  article  of  the  treaty  prevented  any 
concessions  being  made  after  the  treaty  was  signed.  That  is  the  only  time  any  such  ques- 
tion ever  came  up  in  any  shape. 

Q.  And  that  is  all  there  is  about  that  story  ?— A.  That  is  all  there  is  about  that  story,  and 
you  need  not  take  my  word  for  it,  because  General  Sackett  was  present  and  was  my  inter- 
preter at  every  interview  I  had  with  the  officials  during  the  negotiations  of  the  treaty.  He 
is  in  the  city,  or,  if  not,  can  be  in  a  day  or  two.  I  should  like  to  have  him  subpoenaed  as  a 
witness. 

By  the  Chaikman  : 

Q.  Was  any  other  person  with  you  on  that  occasion  ? — A.  Yes,  sir;  there  was  the  secre- 
tary of  state,  Gautier.  This  was  done  after  the  formal  talk  had  broken  up.  He  then  ex- 
pressed this  wish  not  to  sign  the  papers  until  to-monow,  and  v.'hen  pressed  to  give  the  reason 
made  this  explanation. 

By  Mr.  Howard  : 

Q.  This  is  what  Sackett  told  you  ?— A.  That  is  what  General  Sackett  as  interpreter  told 
me.  I  did  not  talk  with  Baez  directly,  because  I  could  not  communicate  v.itli  him  in 
Spanish.  I  did  not  try  to  carry  on  any  conversation  with  him.  I  could  understand  when 
they  were  talking  in  French  a  great  part  of  the  time,  so  as  not  to  require  it  to  be  translated. 

Q.  State  to  the  committee  whether  you  ever  directly  or  indirectly  interfered  in  any  way 
to  prevent  the  release  of  Hatch  ? — A.  Never.  I  never  had  any  authority  in  any  form  or 
shape  to  investigate  or  treat  about  it.  I  never  had  a  v;ord  of  instructions  in  the  case.  I  never 
made  any  report  on  the  case  of  Mr.  Hatch  except  that  after  I  saw  in  a  paper  that  a  resolu- 
tion was  introduced  into  the  Senate  alleging  that  Mr.  Hatch  had  been  detained  on  account 
of  having  information  that  was  supposed  to  be  detrimental  to  the  treaty,  I  then  sent  for 
these  two  papers  in  the  Navy  Department — I  was  not  certain  that  they  were  on  iile  in  the 
State  Department — and  I  called  the  attention  of  the  Secretary  of  State  to  those  paragraphs 
which  I  have  read  and  to  the  letter  of  Mr.  Horan. 

By  Mr.  ViCKKRS: 

Q.  Did  you  intercede  with  President  Baez  to  release  Mr.  Hatch  ? — A.  No,  sir,  I  did  not. 

Q.  Did  you  tell  Mr.  Smith,  the  commercial  agent,  what  had  passed  between  yourself  and 
President  Baez,  relative  to  Mr.  Hatch,  and  did  you  urge  Mr.  Smith  to  see  that  Mr.  Hatch 
had  a  fair  trial  as  an  American  citizen  ? — A.  I  did  not.  Mr.  Smith  was  present  at  the  inter- 
view that  I  spoke  of  with  President  Baez,  and  introduced  the  subject  himself. 

Q.  You  spoke  of  having  a  conversation  with  President  Baez  after  Mr.  Smith  left  ? — A. 
Yes,  sir. 

Q.  That  is  what  I  alluded  to. — A.  I  do  not  know  that  I  ever  referred  to  the  subject  with 
Mr.  Smith.     I  felt  that  I  had  no  authority  in  the  matter,  as  I  told  him  then. 

Q.  Did  not  Mr.  Smith  speak  to  you  several  times  on  the  subject  of  Mr.  Hatch's  imprison- 
ment ? — A.  No,  sir.  1  think,  as  I  said,  he  alluded  to  it  once  at  his  room,  and  the  evening  I 
spoke  of,  young  Mr.  Sniith  mentioned  it  to  me. 

Q.  Did  you  use  your  offices  in  any  way  to  obtain  the  release  of  Mr.  Hatch  ? — A.  I  did 
not. 

Q.  Why  did  you  tell  Mr.  Smith  that  the  demand  for  the  release  of  Mr.  Hatch  was  not 
authorized  by  the  President  ?  What  was  your  motive  and  object? — A.  I  never  told  Mr. 
Smith  so.     1  did  not  bay  that  I  told  Mr.  Smitli  so.     I  told  Mr.  Perry  so  here. 

Q.  I  mean  Mr.  Perry  ? — A.  Do  I  understand  you  to  ask  me  w  hy  I  said  so  to  him  ? 

Q.  Yes  ;  why  did  you  tell  Mr.  Perry  that  the  demand  for  the  release  of  Mr.  Hatch  was 
not  authorized  by  the  President  ?— A.  I  asked  Mr.  Perry  whether  it  was  authorized  by  the 


44  DAVIS    HATCH. 

President.  My  only  object  was  to  explain  to  biin  V\'hy  I  asked  liim  if  there  Avas  such  an 
order. 

Q.  You  stated  that  you  asked  Mr.  Perry  if  he  had  received  an  order  from  the  President  to 
make  a  demand  for  the  release  of  Mr.  Hatch  ? — A.  I  asked  him  if  there  was  a  positive  order 
that  he  should  make  a,  demand  for  the  release  of  Mr.  Hatcli,  and  he  said  "  Yes." 

Q.  And  you  then  stated  tiiat  you  did  not  believe  that  demand  came  tVom  the  President ; 
and  now  I  ask  you  what  your  motive  and  object  was  in  saying  that  ? — A.  My  only  motive 
was  to  explain  to  him  why  I  liad  asked  that  question  of  him. 

Q.  How  came  you  to  say  that  you  did  not  believe  it  came  from  the  President? — A.  Be- 
cause I  am  satisfied  it  did  not  come  from  him. 

Q.  What  reason  had  you  for  saying  .so?— A.  From  conversation  I  had  had  previously 
with  the  President. 

By  Mr.  SCHURZ : 

Q.  "When  you  arrived  at  San  Domingo  Citythe  second  time,  Mr.  Hatch's  sentence  had 
already  been  commuted  to  banishment,  had  it  not  ? — A.  I  do  not  know.  I  never  saw  the 
record.     I  only  knovv'  what  may  have  been  said  in  general  conversation. 

Q.  Did  you  not  have  any  conversation  then  with  anybody  at  San  Domingo  City  about 
Mr.  Hatch  ? — A.  I  may  have  spoken  with  Mr.  Perry  two  or  three  times.  I  remember  that 
one  day  Mr.  Perry  showed  me  a  letter  purporting  to  come  from  Mr.  Hatch,  and  for  all  I 
know  it  did  come  from  him. 

Q.  "Were  you  aware  at  that  time  that  Mr.  Hatch  had  passed  through  his  trial,  that  he  had 
been  sentenced  to  death,  and  that  the  sentence  had  been  commuted  to  banishment  ? — A. 
Only  from  general  report.  I  had  no  record.  Nothing  had  been  furnished  to  me.  I  under- 
stood that  to  be  the  case,  however. 

Q.  Did  you  know  that  he  was  still  held  in  prison  ? — A.  I  understood  that  he  was  still  in 
prison  ;  that  the  pardon  had  not  yet  been  given  to  him. 

Q.  Did  you  take  any  steps,  or  did  you  inquire  at  any  government  office  about  the  condi 
tion  or  situation  in  which  Mr.  Hatch  then  was  ? — A.  I  did  not. 

By  the  Chairman  : 

Q.  Was  there  anything  in  your  instructions  that  directed  you  to  inquire  as  to  the  matter  ? — 
A.  Nothing  whatever  on  the  subject  in  my  instructions. 

By  Mr.  Willia!\is: 
Q.  I  understand  you  to  say  that  you  believed  all  the  lime  that  he  had   taken  part  in  the 
rebellion,  and  that  the  government  of  San  Domingo  had  aright  to  punish  him  for  that  crime; 
that  you  were  under  that  impression  from   the  evidence  you  had,  and  acted  upon  that  im- 
pression ? — A.  Yes,  sir;  and  that  I  had  no  right  myself  to  interfere  in  any  way. 

By  Mr.  Schurz  : 

Q.  W^ero  you  aware  at  the  time  when  you  were  at  San  Domingo  City,  on  the  second  occa- 
sion, that  Mr.  Hatch  was  then,  after  his  sentence  had  been  commuted  to  banishment,  illegally 
detained  there? — A.  I  was  not  aware  of  any  such  thing  ;  that  is,  I  did  not  know  what  his 
sentence  was,  and  did  not  know  that  he  was  illegally  detained.  I  only  knew  that  it  was 
reported — I  could  not  even  say  who  told  me — that  ho  had  been  tried;  that  he  liad  been  sen- 
tenced to  be  hung  or'shot,  I  do  not  remember  whicli;  and  that  the  sentence  had  been  com- 
muted to  banishment,  and  that  he  was  going  to  bo  sent  away  from  the  island. 

Q.  Did  you  never  have  any  conversation  with  Mr.  Perry  on  that  subject  ? — A.  I  do  not 
know  how  many  times  exactly,  but  two  or  three  times  during  my  stay  there  the  subject  of 
Mr.  Hatch  came  up,  and  I  always  gave  him  the  answer  that  I  n)yself  would  have  nothing 
to  do  with  it;  tliat  I  believed  Mr.  Hutch  was  guilty  of  joining  the  rebellion,  and  I  was 
not  going  to  have  anything  to  do  witii  the  cas^c. 

Q.  Did  iKit  Mr.  I'eiry  at  that  time  give  you  information  about  tlio  situation  in  which  Mr. 
Hatcii  tlien  was  ? — A.  He  sliowrd  me  a  letter  that  came  from  Mr.  Hatcii,  as  lie  said,  in  whieli 
Mr.  Hatch  stated  that  ho  was  being  coniined  at  Azua,  but  it  did  not  state  that  ho  was  con- 
fined in  prison.      Tlie  impression  that  it  0(jnveyed  was  that  ho  was  under  duress. 

(^  The  point  of  my  question  is  this,  wheiher  Mr.  Perry  did  or  did  not  at  the  time  inform 
you  that  Mr.  Hatch,  after  having  his  sentence  commuted  to  l)aiiishment  from  tiie  island,  was 
still  kcjit  in  prison  at  that  time? — A.  ?.Jr.  I'erry  gave  me,  if  any  iriformation  at  all,  nothing 
more  tlian  foinm<in  report.  He  gave  me  no  record.  He  showed  me  no  record,  or  any  evi- 
dence wliatrvci-,  to  show  that  Hatch  had  lieen  even  tried,  nor  that  he  had  had  any  sentence 
passed  on  liim,  nor  that  lie  was  in  any  way  coniined. 

Q.  Did  he  not  give  you  information  to  that  etVect? — A.  I  am  not  awaro  that  be  gave  me 
any  positive  information  about  that. 

By  Mr.  Ferry  : 
Q.  Did  you  want  to  ."^rc  a  regular  written  ofiicial  record  before  you  would  interAne  in  be- 
half of  an  American  citizen  ?— A.  I  did  not  ask  for  any  matter  at  all. 

Q.  Why  do  you  dilate  on  his  not  showing  you  a  record  so  much  ? — A,  I  do  not  dilate  on  it. 


DAVIS    IIATCIL  45 

Q.  You  liave  tilieady  several  times  repeated  that  he  shov/cd  jou  no  record  ? — A.  I  am  not 
aware  that  I  have  said  so  but  oiioc. 

By  Mr.  Sciiunz : 

Q.  If  the  iiiformalion  Mr.  P.^rry  tjavf!  you  on  that  point  was  not  of  such  a  cliaractor,  what 
were  your  conversation:!  touchiiif^  Mr.  Hatch  about  at  all? — A.  The  conversations  iu  refer- 
ence to  Mr.  Hatch,  in  reference  to  his  haviupf  been  connected  with  this  rebellion  ? 

Q.  'No,  in  reference  to  the  situation  he  was  tiien  iu,  his  sentenca  having  been  coiumuted 
to  banishment  and  he  still  beiop:  ille^rally  detained  there. — A.  I  do  not  know  that  I  was  ever 
informed  by  Mr.  Perry  that  that  was  the  case.  Mr.  Perry  may  have  said  so,  but  I  know  I 
heard  that  in  common  conversation.  I  had,  however,  no  evidence  whatever  tliat  that  was 
the  case. 

Q.  If  you  do  not  remember  that,  do  you  remember  at  all  what  the  conversation  touching 
Mr.  Hatch  was  about? — A.  It  was  the  question  of  iiis  he'vA^  in  confinement  on  the  island, 
having^  been  tried,  as  common  report  went,  and  having;  been  sentenced  to  be  executed,  and 
that  punishment  having'  been  coinuujted  to  banishment,  that  lis  was  still  in  confiuemeut 
there;  but  I  do  not  know  what  the  nature  of  the  commutation  was,  whether  lie  was  to  be 
banished  at  a  certain  time,  or  anythin'i;'  about  it. 

Q.  Did  you  never  liave  any  conversation  about  Mr.  Hatch  at  that  time  with  PresidiMit 
Bac-z? — A.  No,  sir ;  I  am  under  the  imjiression  that  the  subject  was  never  mentioned  be- 
tween us  then. 

Q.  Or  any  other  g-overninent  official  there? — A.  If  it  Avas  ever  mentioned.  General  Sackett 
was  my  interpreter,  and  it  went  through  him. 

Q.  But  you  would  of  course  know  ? — A.  I  do  not  remember  ever  Laving  had  any  conver- 
sation with  them  about  Hatch. 

By  Mr.  ViCKERS  : 

Q.  Did  not  Mr.  Perry  urge  you  to  intercede  for  the  release  of  IVIr.  Hatch? — A.  No,  sir; 
he  did  not. 

Q.  Did  he  not  tell  you  that  Mr.  Hatch  was  an  American  citizen  ;  was  illegally  detained, 
and  ought  to  be  released  ? — A.  No  ;  ho  did  not. 

Q.  And  that  you,  as  an  ofHcer  of  the  government,  ought  to  interfere  and  intercede  for  his 
release? — A.  No,  sir;  he  did  not. 

Q.  Did  he  not  talk  v/ith  you  on  the  subject  ? — A.  He  told  me  that  this  man  Hatch  was 
there;  had  been  tried,  and  was  still  detained,  or  something  to  that  effect;  but  he  never 
asked  rue  to  interfere  iu  the  case.  f 

By  the  Chairman  : 
Q.  As  I  understand,  you  went  there  for  a  certain  purpose  ? — A.  Yes,  sir. 

By  Mr.  Feury  : 

Q.  Did  you  not  have  control  of  all  the  United  States  ships  of  war  that  were  there  ? — A. 
I  had  control  the  second  time  I  was  there,  but  the  Albany  Avas  the  only  one  that  was  there  at 
that  time. 

Q.  Who  commanded  the  Albany  ? — A.  Captain  Balch.  The  Albany  was  the  vessel  I  went 
down  in ;  it  was  the  only  vessel  there  until  about  two  or  three  days  before  I  came  away, 
when  the  Nautasket  came  in  and  reported. 

Q.  Who  commanded  her  ? — A.  Captain  Bunco. 

Q.  Did  you  have  any  talk  Avith  Captain  Bunce  about  Hatch  ? — A.  No ;  I  do  not  think  I 
ever  mentioned  the  subject  to  him. 

Q.  Did  Captain  Bunce  to  j'ou  ? — A.  I  do  not  remeuiber. 

Q.  Let  me  refresh  yoiu-  recollection.  Did  Captain  Bunce  show  you  a  letter  from  J.Ir. 
Hatch  ? — A.  No,  sir ;  I  never  saw  a  letter  from  Mr.  Hatch  to  Captain  Bunce. 

Q.  And  you  gave  him  no  information  about  Mr.  Hatch? — A.  1  do  not  recollect  now  that  I 
ever  spoke  to  him  about  Mr.  Hatch.  It  is  possible  that  I  may  have  done  so,  but  I  am  not 
aware  that  I  ever  sp.ike  to  Captain  Bunco  about  him. 

Q.  Do  you  know  whether  Captain  Bunce  wrote  a  letter  to  Mr.  Hatch  ? — A.  I  do  not  know 
that  he  ever  did. 

By  Mr.  YlCKERS : 

Q.  Did  I  understand  you  to  say  that  Mr.  Perry  showed  you  a  letter  from  Mr.  Hatch,  com- 
plaining that  he  was  in  prison  ? — A.  He  did. 
Q.  Did  you  read  the  letter  ?— A.   I  did. 

By  Mr.  ScnuRZ : 
Q.  Were  the  two  ships  of  war  you  mentioned  that  were  there  subject  to  your  instructions 
as  to  their  movements  ? — A.  Yes,  sir.     There  was  only  one  there  while  I  Avas  there — the  one 
I  went  doAvn  in;  and  the  other  came  into  the  port  just  a  few  days  before  I  came  aAvay ;  and 
I  left  the  Nantasket  there. 


46  DAVIS    HATCH. 

By  Mr.  Ferry  : 

Q.  Have  you  received  a  letter  from  Mr,  Hatch? — A.  I  received  one  letter  from  Mr. 
Hatch. 

Q.  How  long  since? — A.  It  was  written  from  Azua  and  was  received  here.  I  cannot 
give  you  the  exact  date.  He  forwarded  it  here  from  Havana.  It  was  just  after  he  had 
been  released. 

Q.  Did  you  lay  that  letter  before  the  President? — A.  I  did  not.  I  told  him  I  had  received 
such  a  letter. 

Q.  Did  Mr.  Hatch  request  you  to  lay  that  letter  before  the  President,  in  the  letter  itself  ? — 
A.  I  have  not  read  it  over  for  some  time  ;  I  do  not  know  whether  ho  made  that  request  or 
not. 

Q.  Have  you  the  letter  ? — A.  I  have. 

Q.  You  will  please  bring  it  at  the  next  meeting  of  the  committee. — A.  I  will. 

June  11,  1870. 

Delos  B.  Sackett  sworn  and  examined. 
By  the  Chair5Ian 

Question.  What  is  your  business  ? — Answer.  I  am  Inspector  General  United  States  Army, 
with  tlie  rank  of  colonel  and  the  brevet  rank  of  major  general. 

Q.  Where  are  you  stationed  ? — A.  In  Philadelphia,  headquarters  Division  of  the  Atlan- 
tic— General  Meade's  headquarters. 

Q.  How  long  have  you  been  there? — A.  I  reported  there  on  the  1st  day  of  April,  18G9.  I 
reported  the  fall  before  in  New  York  City  to  General  Hancock.  When  General  Meade  was 
placed  in  command,  I  was  removed  to  Philade-lphia. 

Q.  How  long  have  you  been  ill  the  army? — A.  It  will  be  twenty-live  years  on  the  firs  t 
day  of  July  next, 

Q.  At  any  time,  and,  if  so,  when,  did  you  go  to  San  Domingo  ? — A.  We  sailed  from  New 
York  on  the  lUth  day  of  November,  and  arrived  in  San  Domingo  on  the  morning  of  the 
18th  of  November,  1861). 

Q.  How  did  you  go? — .\.  In  the  steamship  Albany,  commanded  by  Captain  Balch. 

Q.  Who  accompanied  you? — A.  General  Babcock  and  General  Ingalls. 

Q.  For  what  purpose  did  you  go  there  ?  A.  I  ascertained,  alter  arriving  in  New  York, 
that  I  was  going  as  an  interpreter  for  General  Babcock.  I  was  told  afterward  that  I  had 
been  appointed  one  of  the  commissioners,  but  it  was  learned  that  that  was  illegal,  and  I  was 
Bimply  sent  as  an  interpreter. 

Q.  Interpreter  for  what  purpose  ? — A.  In  the  negotiation  of  the  treaty  of  annexation  of 
San  Domingo  to  the  United  States. 

Q.  Did  you  act  in  that  capacity  ? — A.  I  did. 

Q.  What  language  did  you  interpret  ? — A.  Both  Spanish  and  French. 

Q.  Do  you  speak  and  write  both  languages? — A.  1  speak  Spanish  and  write  it  tolerably 
well,  and  I  speak  French  quite  well. 

Q.  You  acted  in  the  capacity  of  interpreter? — A.  I  did. 

Q.  Did  you  attend  all  the  meetings  at  which  any  business  was  transacted  in  relation  to 
this  treaty  ? — A.  I  did,  every  one,  from  first  to  last. 

Q.  Did  you  communicate  to  the  parties  representing  the  Dominican  government  what 
you  were  directed  and  instructed  to  commuiiicate  by  General  B-ibcock  ?  —  A.   I  did. 

Q.  And  did  you  convey  to  him  truthfully  what  they  said? — A.  I  did  as  well  as  I  was 
able  to  do. 

Q.  State  to  the  committee  the  manner  of  conducting  those  negotiati()ns. — A,  General 
Babcock  and  General  Ingalls  and  myself  came  ashore  generally  about  half  past  eight  every 
morning. 

(i.  While  there  were  you  quartered  on  the  ship?  —  A.  Yes,  sir. 

Q.  Lying  in  tlie  bay  ?— A.  Lying  off  San  Domingo  City,  in  the  outer  harbor.  Wo  came 
on  sliore  and  went  to  the  consul's  office,  and  remained  there  a  short  time,  and  then  wont  to 
the  palace  of  President  Baez. 

Q.  Where  were  the  negotiations  conducted? — A.  In  the  President's  private  quarters.  He 
did  not  occujiy  the  palace,  hut  oi;ciipied  a  house  belonging  to  hiinseK',  and  wo  went  there. 
Tlie  ofiici!  of  the  secretary  of  static  was  in  the  same  building.  Tlio  |)alace  is  on  the  plaza, 
and  the  Piesident  occupied  a  liouse  belonging  to  himself  on  the  next  street,  I  tiiink,  and 
we  went  there. 

Q.  Who  was  our  commercial  agent  then^  at  that  time?  —  A.  Mr.  Raymond  H.  Perry. 

Q,  At  what  lime  did  the  negotiations  comruence? — A.  Tlicy  cdmiiiciiccd  on  the  iDlh  of 
November,  18(>'J.  On  the  afternoon  of  the  day  wn  arrived  the  ])arty  went  ashore,  and  we 
paid  our  respects  to  tlie  President,  and  ariaiigc(l  for  a  meeting  thi!  next  morning. 

il.  'Ihcn,  on  tiie  morning  of  the  ll>th  of  November  the  negotiations  commenced? — A, 
Yes,  sir. 

Q.  How  long  did  the  negotiations  continue? — A.  I  think  the  treaty  was  signed  on  the 
29th  of  November. 

Q  From  the  lime  you  arrived,  how  often  did  you  meet  the  Dominican  authorities  for  the 
purpose  of  arranging  tlio  treaty? — A.  We  met  daily. 


DAVIS    HATCH.  47 

Q.  From  the  l!)th  to  tho  2'.)tli  of  Novomber? — A.  Yes,  sir.  1  siiid  dail^v,  but  there  was 
one  day  we  did  not  meet.  One,  day  President  liaez  was  absent,  and  wo  did  not  meet  tliat  day. 
I  went  to  see  Mr.  Gautier  tiiat  day,  but  General  Bubcock  did  not  go  ashore  tliat  day,  but 
remained  on  board  ship. 

Q.  Who  was  present  on  tlio  part  of  the  Dominican  government? — A.  The  President  him- 
self, Mr.  Gautier,  the  secrt^tary  of  state  for  fureifjn  aifairs,  and  Mr.  Delmonte,  who  Iield  a 
position  correspondincr  to  that  of  nttorney  general  in  our  governini^nt  ;  and,  on  one  or  two 
occa.sions,  tho  secretary  of  war,  whose  name  I  do  not  remember,  was  present. 

By  Mr.  ScilURZ : 

Q.  Was  Mr.  Ca:^neau  present? — A.  Air.  Caznsau  \yas  present  several  times,  not  always. 

Q.  Mr.  Fabens  1 — A.  Mr.  Fabens  was  present. 

Q.  All  tlie  time? — A.  I  tliinic  on  nearly  every  occasion.  I  believe  once  or  twice  he  was 
absent,  but  1  shall  not  be  positive  about  tliat.  Mr.  Perry  was  tliere,  I  tliiuk,  except  on  oneor  two 
occasions.  General  Babeock  and  myself  were  there.  General  Ingalls  was  not  there.  Gen- 
eral Ingalls  was  there  the  day  we  were  ])resented,  and,  I  think,  he  came  there  on  one  other 
occasion  ;  I  think  that  when  Captain  Balch  came  ashore  to  pay  his  respects  to  the  Presi- 
dent, General  Ingalls  accompanied  him. 

By  the  Chairman: 

Q.  Were  the  negotiations  conducted  as  a  public  matter? — A.  Yes,  sir;  there  was  nothing 
to  conceal.  President  Baez  did  not  object  to  Mr.  Cazueau  being  there,  and  we  did  not.  He 
was  there  as  a  listener. 

Q.  Did  Mr.  Cazneau  or  Mr.  Fabens  have  anything  to  do  on  tho  part  of  the  American  gov- 
ernment with  the  treaty? — A.  Mr.  Fabens  sometimes  would  assist  me  in  translating,  but 
only  occasionally.  Sometimes  I  would  ask  him  to  talk  when  I  got  pretty  tired,  but  he  had 
no  connection  with  the  commission  at  all.  He  was  tliero,  however.  I  never  met  him  before. 
Ho  appealed  to  be  a  gentleman  of  ability.  Ho  spoke  the  language  fluently,  and  was  an 
American. 

By  Mr.  Sciiuuz : 

Q.  Was  Mr.  Cazneau  or  Mr.  Fabens  acting  ostensibly  for  the  Dominican  government  in 
this  matter? — A.  I  think  Mr.  Cazneau  was.  That  was  my  impression,  and  I  did  not  know 
but  that  Mr.  Fabens  was.  At  any  rate  I  think  it  very  likely  tiiey  were  interested  in  having 
anne.xalion  carried  out  with  success  if  they  could. 

By  the  Chairman: 

Q.  Had  they  anything  to  do  with  the  negotiations  on  the  part  of  the  American  govern- 
ment ? — A.  They  had  not  to  my  knowledge. 

By  Mr.  Howard  : 

Q.  They  did  not  assume  to  act  as  agents  of  the  United  States? — A.  No,  sir. 

By  the  Chairman: 

Q.  How  long  did  you  remain  after  tho  treaty  was  concluded? — A.  We  left  there  on  the 
4th  day  of  December  for  Samana. 

Q.  Did  General  Babcock  or  yourself,  or  any  one  there  representing  the  government  of  the 
United  States,  have  anytliing  lo  do  with  any  other  matters  except  this  treaty  ? — A.  No,  sir; 
none  of  us.  I  saw  General  Bibcock's  instructions;  I  read  them  very  carefully  going  down 
on  tho  ship.     There  was  no  other  matter  mentioned  but  the  treaty. 

By  Mr.  Howard: 

Q.  What  was  the  date  when  you  first  saw  his  instructions  ;  can  you  give  it  ? — A.  I  cannot 
give  it  exactly.  It  may  have  been  the  first  or  second  day  out  from  New  York,  on  board 
ship. 

Q.  Then  you  saw  the  instructions  on  the  11th  or  12th  of  November  while  at  sea? — A. 
Yes,  sir:  when  I  left  Philadelphia  I  did  not  know  where  I  was  going. 

Q.  What  instructions  were  these  to  which  you  now  refer? — A.  General  Babcock's  in- 
structions from  the  department. 

Q.  Do  you  know  how  Mr.  Perry  came  by  his  instructions? — A.  I  do  not,  except  that  I 
know  that  General  Babcock  carried  instructions  for  Mr.  Perry. 

Q.  Can  you  state  at  about  what  date  General  Babcock  delivered  those  instructions  to  Mr. 
Perry? — A.  I  think  ho  must  have  given  them  to  him  on  tho  afternoon  of  the  18th  or  the 
morning  of  the  19th  of  November;  I  am  not  positive  which. 

Q.  What  makes  yon  fix  that  date  ? — A.  Because  that  is  the  date  we  arrived  there  and 
went  on  shore  and  found  Mr.  Perry  there.  We  went  ashore  at  four  o'clock  in  the  afternoon 
of  the  Iritli  of  November  the  first  time. 

Q.  Possibly  you  might  fix  the  date  with  more  certainty  by  referring  to  any  conversation 
you  may  liave  had  with  Mr.  Perry  respecting  the  time  at  which  he  received  bis  instruc- 
tions.— A.  I  do  not  remember  that.  I  am  quite  positive  that  it  was  cither  on  the  ISth  or 
the  19th  that  General  Babcock  handed  the  instructions  he  had  to  Mr.  Perry,  the  consul. 


48  DAVIS   HATCH. 

Q.  I  mean  the  instructions  in  regard  to  the  annexation  treaty. — A.  Those  were  the  only 
instructions  I  know  of — instructions  authorizing- him  to  sign  the  treaty  on  the  part  of  the 
United  States. 

Q.  Can  you  state  whether  Mr.  Perry  had  received  any  other  instructions  on  the  subject 
of  annexation  previously  to  his  receiving  these  ? — A.  That  I  cannot  say;  I  do  not  liuow 
of  any. 

Q.  Have  yoir  any  reason  to  suppose  he  had  ? — A.  I  do  not  think  lie  had  ;  I  do  not  know, 
though. 

By  the  Chaiuman  : 

Q.  You  have  said  that,  with  the  exception  of  once  or  twice,  Mr.  Perry  was  present  at  ail 
the  interviews  ? — A.  Yes,  sir. 

Q.  State  whether  he  was  conferred  with  on  the  conditions  of  the  treaty. — A.  He  had  the 
treaty  before  bim.  After  the  interviews,  daily,  we  used  to  return  during  the  afternoon  and 
remain  some  time  in  Mr.  Perry's  office ;  it  was  a  cool  place,  and  we  sat  there  and  discussed 
matters  somewhat.  The  papers  vicre  left  in  Mr.  Perry's  safe,  and  he  carried  the  key  every 
night ;  that  is  where  we  left  our  papers. 

Q.  You  mean  that  after  your  interviews  with  the  Dominican  authorities  you  returned  to 
Mr.  Perry's  office?  — A.  Yes;  we  always  ^veut  to  Mr.  Perry's  otKce  in  the  morning,  from 
there  to  the  President's  lionse.  and  returned  to  his  office  and  there  left  our  papers. 

Q.  Were  the  conditions  of  the  treaty  there  discussed  ? — A.  Y'es,  sir;  Mr.  Perry  could  have 
read  it  if  he  chose;  I  am  certain  General  Babcock  submitted  it  to  him. 

Q.  Were  you  present  at  the  time  the  treaty  was  signed  ? — A.  I  was. 

By  Mr.  Warner: 
Q.  Where  was  the  treaty  signed  .' — A.  In  Mr.  Perry's  otHce  or  in  the  court-yard  in  tlie 
rear  cf  his  office. 

By  the  Chair.man  : 

Q.  Did  he  at  that  time  or  any  other  make  any  objection  to  any  of  the  conditions  of  the 
treaty  that  you  heard  ? — A.  Not  in  the  least,  that  I  heard;  quite  the  reverse.  I  thiuk  he 
was  strongly  in  favor  of  it.  I  kuov/  that  he  remarked  at  the  time  it  was  signed  that  he  dis- 
liked to  sign  it  because  he  had  done  none  of  the  work,  and  he  thought  General  Babcock  ought 
to  have  the  credit  as  he  had  had  the  labor. 

Q.  While  you  were  there,  did  j'ou  hear  anything  said,  and,  if  so,  what,  in  relation  to  Mr. 
Hatch? — A.  Yes,  sir;  I  heard  that  there  was  a  man  named  Hatch  in  confinement  on  the 
island.     It  v.as  spoken  of  there  among  the  party. 

By  Mr.  Howard  : 

Q.  Did  you  hear  Mr.  Perry  say  anythingabout  Mr.  Hatch's  conlinement;  and,  if  so,  state 
what  he  said  ? — A.  I  do  not  remember  Mr.  Perry  speaking  about  it,  and  I  do  not  remember  now 
who  spoke  about  it.  I  know  the  impression  was  formed  that  Hatch  had  been  conlined  and 
tried,  and  was  very  lucky  in  getting  off  without  being  shot.  But  we  had  nothing  to  do  with 
Mr.  llatcb,  and  I  never  gave  the  matter  a  second  thought.  He  was  mcntioued  occasionally, 
but  was  not  a  subject  of  discussion.     We  had  nothing  to  do  Vtith  him  any  way. 

By  the  Chair.maN  : 

Q.  Did  you  hear  General  Babcock  in  any  way  give  any  direction,  suggestion,  or  iustruc- 
tioii  al)out  Mr.  Hatch  ? — A.  Never. 

Q.  Where  was  it  said  that  he  was  confined? — A.  Recently  I  have  heard  that  it  was  at 
Azua.  I  do  not  know  that  I  even  then  gave  that  much  thought;  to  the  iiKitteras  to  ask  where 
he  was  confined.  I  knew  it  was  not  in  San  Domingo  City;  I  knew  it* was  up  the  coun- 
try somewhere. 

Q.  Did  you  understand  that  he  was  inclose  confinement?— A.  I  did  not  oven  ask  that 
much.     I  heard  he  was  in  confinement. 

Q.  You  .say  you  read  Gcncriil  Babcock's  instructions.  Did  they  apply  to  anytliing  ex- 
cept the  negotiation  of  tills  treaty? — A.  Nothing  else  whatever.  They  did  not  allude  to 
Mr.  Hatch  or  any  other  American  in  any  way,  shape,  or  manner. 

By  Mr.  Howard  : 

(^.  Who  drew  up  the  articles  of  the  treaty,  and  where  were  they  drawn  ! — A.  In  tiic  State 
Deiiartmcnt,  at  Washington. 

Q.  In  wljat  sliajjo  were  those  articles  when  you  first  saw  them  ? — A.  Tiiey  were  in  the 
shape  of  a  triMty  drawn  up  after  a  memorandum  that  had  been  sent  from  San  Domingo,  I 
believe,  and  (ieneral  Babcock's  instructions  allowed  him  ccitaiu  latitude  to  change  those 
articles. 

Q.  Was  tiie  prejet  of  the  treaty  drawn  up  in  the  handwriting  of  some  clerk  in  tiio  State 
Department  here  ? — A.  Y(!s,  sir. 

Q.  And  was  it  inclosed  in  the  wrapper  that  contained  General  Babcock's  instructions  7 — 
A.  Ye.x,  «ir. 

Q.  And  curled  down  to  San  Domingo  by  whom— by  you  or  Babcock  ? — A.  By  General 
Babcock. 


DAVIS    HATCH.  49 

Q.  Was  the  treaty  drawn  up  here,  substantially  adopted  tliere?— A,  Yes,  sir;  substantially 
adopted.  General  Babcock's  instructions  {^nve  him  certain  latitude  to  change  them,  of 
course,  but  substantially  as  signed  the  provisions  were  the  same. 

By  Mr.  Williams  : 

Q.  State  whether,  during  those  negotiations,  before  they  were  concluded,  there  was  any 
inducement  held  out  by  Baez,  or  anybody  on  his  part,  to  you  or  to  General  Babcock  or  any  of 
your  party,  to  sign  the  treaty  or  enter  into  this  arrangement? — A.  None  whatever. 

Q.  Whs  r.nything  of  the  kind  mentioned  in  your  hearing  '.' — A.  There  was  one  thing  men- 
tioned which  I  will  state.  .Just  as  the  sixth  article — I  think  that  is  the  number  of  it ;  at  all 
events,  one  of  the  last  articles,  which,  in  a  few  words,  stated  that  there  should  be  no  grants 
or  concessions  nuide  after  the  signing  of  the  treaty — was  readied,  they  objected  to  it  for  a  long 
time,  I  do  not  know  but  a  part  of  two  days,  and  General  Babcock  got  very  much  annoyed 
at  it,  and  said  to  me,  "Tliere  appears  to  be  something  wrong  liere."  The  conversation 
ceased,  and  he  got  up  and  passed  off  to  a  window,  and  was  looking  out  of  the  win- 
dow when  President  Baez  turned  around  to  me  and  said:  '"I  will  tell  you  what  we 
want;  General  Babcock  was  very  kind  to  us  last  summer;  he  sent  Captain  Queen  with  the 
Tuscarora  to  seize  this  Telegrafo  and  run  her  into  a  place  where  she  was  tied  up  by  the 
English  ;  and  then  also  Mr.  Smith  had  been  very  obnoxious  to  us,  and  we  made  certain  rep- 
resentations to  General  Babcock,  and  he  investigated  them  and  laid  them  before  the  Presi- 
dent, and  Mr.  Smith  was  dismissed  and  Mr.  Perry  sent  down  in  his  place;  and  for  these 
things,  showing  great  kindness  on  the  part  of  General  Babcock,  we  should  like  to  make  him 
a  grant  of  land  in  Samana."  I  told  the  President  in  Spanish :  "Mr.  President,  such  a  thing 
as  that  would  kill  the  treaty  in  a  minute."  "  Well,"  said  he,  "  we  want  to  do  it  as  an  act 
of  kindness,  and  we  cannot  do  it  if  this  is  put  in  the  treaty  ;  what  we  want  to  do  is  to  have 
the  treaty  signed  ;  let  it  go  before  our  senate  to-morrow;  they  will  grant  this  land,  and 
then  we  will  make  the  sixtli  article  date  two  days  afterward."  I  said  to  him,  "  Mr.  Presi- 
dent, it  would  kill  the  treaty."  I  turned  around  to  Babcock  and  said  :  "General,  do  you 
know  what  they  are  after?  "  He  said  "  No."  Said  I,  "  They  want  to  make  you  a  grant 
of  land  at  Samana,  and  want  this  article  dated  two  days  later."  Babcock  raised  his  hands 
and  said,  "  My  God  !  anything  of  that  kind  would  ruin  the  treaty  ;  it  would  not  do  !  "  Baez 
said,  "  Very  well ;  we  only  wanted  to  do  it  as  an  act  of  kindness."  Then  he  signed  the 
treaty  immediately,  and  that  was  the  end  of  it. 

By  Mr.  SCHURZ : 
Q.  Did  that  conversation  take  place  in  the  presence  of  all  the  state  officials  ? — A.  Yes.  I 
do  not  remember  whether  Mr.  Perry  was  present  or  not.  The  delay  about  this  article  an- 
noyed us  very  much,  because  we  did  not  see  any  point  to  it,  and  their  wanting  to  leave  that 
article  out  looked  as  if  there  was  something  wrong,  and  if  so,  we  would  not  have  anything 
to  do  with  it.  They  stood  on  the  matter  for  a  long  time,  and  then  President  Baez  made  this 
explanation  to  me  in  Spanish. 

By  Mr.  Williams  : 

Q.  Did  Baez  or  any  of  his  counselors  at  any  time  during  the  negotiations  make  any  rep- 
resentations about  this  Jtr.  Hatch.  Was  that  subject  mentioned? — A.  It  was  never  men- 
tioned the  whole  time,  that  I  know  of.  If  it  had  been,  I  should  have  been  the  interpreter  to 
communicate  it,  and  I  am  certain  it  was  not  mentioned. 

Q.  Can  you  recall  any  distinct  conversation  that  occurred  in  your  presence  between  Mr. 
Perry  and  General  Babcock,  about  Mr.  Hatch? — A.    If  any  occurred,  I  never  heard  it. 

Q.  Did  you  at  anj'  time  hear  General  Babcock  say  to  Perry  that  he  ought  not  to  apply  for 
the  release  of  Hatch;  that  it  would  interfere  with  annexation,  or  anything  of  that  kind?— A. 
I  never  heard  him  say  a  word  of  that  kind,  and  I  think  if  General  Babcock  had  had  any  such 
intention  he  would  have  mentioned  it  to  me. 

By  Mr.  Howard  : 

Q.  Did  he  ever  mention  it  to  you  ? — A.   He  never  did. 

Q.  Were  you  and  Babcock  on  intimate  terms  ? — A.  Perfectly  so. 

By  the  CHAIRMAN: 

Q.  Do  you  know  whether  Mr.  Perry  talked  Spanish  ? — A.  I  do  not  think  he  does  ;  I  am 
quite  positive  be  does  not.  He  may  talk  French,  but  Spanish  I  am  pretty  certain  he 
does  not. 

Q.  Did  he  talk  in  either  of  those  tongues  at  the  time  with  you  ?  — A.  No,  sir. 

By  Mr.  Williams  : 

Q.  I  understand  you  to  say  that  this  matter  of  Mr.  Hatch  was  incidentally  mentioned, 
and  you  gave  it  no  particular  attention  ? — A.  I  remember  that  it  was  mentioned  somewhere; 
it  may  have  been  in  conversation.  You  will  understand  the  impression  I  had  when  I  state 
that,  happening  to  bo  in  the  Senate  gallery  when  the  debate  on  this  subject  occurred,  it 
struck  me  that  General  Babcock  was  beinw  very  much  abused,  because  it  was  my  impres- 

S.  Eep.  1^34 4 


50  DAVIS    HATCH. 

sion  that  he  had  interceded  for  Hatch,  and  saved  his  life,  but  it  turned  out  that  he  had  nothing 
to  do  with  it.     I  do  not  know  how  I  had  formed  that  impression. 

Q.  You  had  no  distinct  impression  on  the  subject .' — A.  None.  I  had  heard  that  there  was 
a  man  named  Hatch  accused  of  sending  arms  and  siding  with  Cabral,  and  that  he  had  been 
sentenced  to  be  shot,  and  that  his  sentence  was  commuted  to  imprisonment  or  something  of 
that  kind  ;  but  I  never  gave  the  matter  any  thought.  He  was  not  discussed  in  my  pres- 
ence. 

By  the  Chairman  : 

Q.  Can  you  recall  a  single  instance  in  this  whole  transaction  where  there  was  anything 
but  frank,  open  negotiation  ? — A.  I  was  there  myself,  and  I  do  not  like  to  boast,  but  every- 
thing was  square,  and  might  have  been  heard  by  the  world.  Everything  was  as  honest  as 
could  be  on  the  part  of  the  Dominicans  and  on  the  part  of  the  United  States.  I  should  say 
for  the  Dominican  authorities  that  they  never  mentioned  themselves,  or  what  was  going  to 
become  of  them  in  any  way,  shape,  or  manner  ;  and  I  thought  that  was  a  little  surprising, 
they  being  Spaniards. 

Q.  You  have  mentioned  the  secretary  for  foreign  atfairs,  Mr.  Gautier.  Describe  him 
somewhat. — A.  The  impression  I  fitrmed  of  Mr.  Gautier  was  that  he  was  a  man  of  fine 
abilities,  sound  mind,  a  head  and  shoulders  above  every  other  man  on  that  island,  audi 
thought  strictly  honest  in  every  respect.  He  appeared  so  in  all  the  transactions  we  had  with 
him.  As  he  signed  the  treaty,  he  told  me  that  there  were  fifteen  years  of  his  life  that  he 
had  spent  for  this  very  purpose  of  annexation  to  the  United  States;  that  he  had  visited  this 
country  fifteen  years  ago,  and  from  the  time  he  returned  he  had  been  working  for  this  thing, 
and  most  of  the  time  with  his  neck  in  a  halter.  He  is  a  poor  man,  and  he  being  at  the 
head  of  the  government,  I  thought  that  spoke  well  in  his  favor. 

By  Mr.  Schurz  : 

Q.  Are  there  any  very  wealthy  men  on  that  island  ? — A.  I  think  there  are  some  quite 
wealthy.     I  know  I  met  there  one  old  gentleman  who  was. 

Q.  On  what  day  did  you  leave  San  Domingo  City  for  Samana? — A.  The  4th  of  Decem- 
ber, 18G9. 

Q.  Did  you  return  from  Samana  Bay  to  San  Domingo  City  ? — A.  No,  sir;  we  went  to 
St.  Thomas. 

Q.  Did  General  Babcock  go  with  you  ? — A.  Yes,  sir. 

Q.  Did  you  say  that  you  were  present  at  all  the  interviews  General  Babcock  had  with 
President  Baez  ? — A.  Yes,  sir;  I  was.  General  J^abcock  was  not  present  with  any  of 
those  gentlemen  unless  I  was  with  him  ;  that  is,  at  the,  interviews,  and  I  do  not  think  he 
saw  them  at  any  other  time.     I  am  quite  certain  he  did  not. 

Q.  You  say  you  are  quite  certain  about  that  f — A.  Yes,  sir.  Mr.  Gautier  sometimes  after 
the  conversations  used  to  come  to  Mr.  Perry's  office  and  talk  to  us  all  there. 

By  the  Chaiu.man  : 

Q.  Does  he  talk  EnglLsh  ? — A.  No,  sir.  I  think  he  understands  English  somewhat,  but 
he  speaks  French  very  well,  as  well  as  Spanish. 

By  Mr.  Williams  : 

Q.  Did  you  have  any  opportunity  to  form  an  opinion  as  to  the  popular  sentiment  in  San 
Domingo  on  the  question  of  annexation  ? — A.  I  think  I  had.  I  u.sed  to  go  around  the  town 
somewhat  and  talk  to  the  different  people.  I  conver.-ed  with  several  who  told  me  that  the 
party  in  power  were  not  their  friends ;  they  were  Gabral  men,  or  rather,  as  they  told  me, 
Santana  men,  but  they  said  they  were  all  in  favor  of  annexation.  'I'licy  said  ihcy  wanted  to 
becfime  Yanki-es,  as  they  called  it,  but  of  comse  they  preferred  to  have  tiicir  friends  at  the 
head  of  aHairs,  rather  than  tlie  Baez  party.  Tliey  were  not  Baez  men,  but  they  were  in  favor 
of  annexation,  and  I  did  not  see  one  that  was  not.  And  the  women  that  I  spoke  to  were 
all  that  way. 

By  Mr.  SciiURZ: 

Q.  Did  you  see  any  of  the  people  outside  of  San  Domingo  City  1 — A.  No,  sir;  except  at 
Samana. 

]'.y  Mr.  Fkrry  : 

Q.  You  f-tatcil  that  you  arrived  there  on  the  18th  of  November.  Wliile  you  wcro  there 
did  you  visit  Mr.  Cazneau  at  liis  liousr  / — A.  I  went  to  tlie  liouse  twic(^  Once  he  was  sick 
in  bed  and  1  did  nut  sec  him.     We  went  there  the  day  we  ariived,  or  the  next  day. 

Q.  Did  you  g<i  to  Mr.  Fahens's  house? — A.  lie  lived  in  a  I'onda;  what  corresponds  to  a 
hotel  in  our  country. 

Q.  Did  you  call  on  him  at  his  hotel  1 — A.  Yes,  sir.  When  we  first  arrived  we  went 
th(!re. 

Q.  Do  you  know  whether  General  Babcock  called  on  Cazneau  or  Fabcns  ? — A.  General 
Babcock  called  twice  with  mc ;  and  I  think  once  Mr.  Cazneau  took  him  to  see  Mrs.  Caz- 
neau ;  but  he  was  only  gone  a  few  minutes. 


DAVIS    HATCH.  51 

Q  Did  you  remain  on  shore  over  night  at  any  time  while  you  were  there  ? — A.  Not  a 
night. 

The  Chairman: 

Q.  Did  General  Babcock? — A.  Neither  General  Babcock  nor  General  Ingalls. 
By  Mr.  Feruy  : 

Q.  At  the  time  General  Babcock  called  on  Mrs.  Cazneau  did  you  go  with  him  ? — A.  I  did. 

Q.  You  say  that  ordinarily  you  went  ashore  in  the  morning,  and  remained  until  what 
hour  in  the  day  ! — A.  Until  four  or  five  in  the  afternoon. 

Q.  Every  day  ? — A.  Every  day. 

Q.  During  every  one  of  those  days  were  you  never  separated  from  General  Babcock 
while  you  were  on  shore  ? — A.  Yes,  sir.  General  Babcock  sometimes  would  go  out  in  the 
town,  when  I  would  remain  in  Mr.  Perry's  office.  Sometimes  I  wovild  go  with  him.  Some- 
times he  would  go  by  himself.     Sometimes  he  would  go  with  Mr.  Fabeiis. 

Q.  Do  you  know  whether  Mr.  Cazneau  ever  interpreted  between  President  Baez  and 
General  Babcock? — A    I  do  not  think  he  ever  did.     He  may  have  put  in  a  word  sometimes. 

Q.  I  do  not  mean  when  you  were  present,  at  the  official  interviews  — A.  I  am  certain 
that  General  Babcock  never  saw  Baez  when  I  was  not  present. 

Q.  Then  you  must  have  been  constantly  with  General  Babcock? — A.  At  all  those  inter- 
views. 

Q.  But  I  am  inquiring  apart  from  the  interviews. — A.  If  he  had  any  other  interviews 
than  these  regular  interviews  I  did  know  it.  My  impression  is  that  he  did  not  have  any 
others. 

Q.  I  understood  you  to  say  that  you  knew  that  General  Babcock  never  saw  Baez  except 
when  you  were  present  ? — A.  I  mean  at  these  regular  interviews. 

Q.  But  were  there  interviews  of  courtesy,  or  any  kind  of  interviews,  between  General 
Babcock  and  President  Baez,  or  General  Babcock  and  Mr.  Cazneau,  or  General  Babcock  and 
Mr.  Fabens,  during  those  sixteen  days,  when  you  might  not  have  been  present  ? — A.  I  do 
not  think  thei'e  were. 

Q.  Do  you  know  anything  about  it  ?-^A.  I  am  pretty  positive. 

Q.  Were  you  with  General  Babcock  every  moment  of  the  day  from  8  o'clock  in  the  morn- 
ing to  4  o'clock  in  the  afternoon  ? — A.  I  was  not 

Q.  How  do  you  know  that  he  did  not  see  these  men? — A.  He  did  not  see  them  but  at 
these  visits  when  I  was  with  him. 

Q.  You  do  not  know  whether  he  saw  them  or  not  ? — A.  When  he  started  off  saying  he 
was  going  down  the  street  to  buy  a  cross,  he  was  looking  for  crosses  to  buy  as  presents  he 
may  have  gone  to  see  President  Baez  then,  and  I  not  know  it ;  I  am  positive  ho  did  not, 
though. 

Q.  Do  you  know  whether  or  not  he  and  these  gentlemen,  or  any  of  them,  met  socially  or 
in  any  other  way,  when  you  were  not  present  ? — A.  I  do  not  know  of  their  doing  so. 

Q.  At  the  first  interview  with  President  Baez,  were  Cazneau  and  Fabens  present  ? — A. 
Yes,  sir. 

Q.  You  said  something  about  this  business  being  done  in  public.  Let  me  understand 
you  perfectly  with  regard  to  that.  Do  you  mean  that  spectators  were  allowed  to  be  present, 
anybody  that  chose  to  come  in? — A.  These  gentlemen  were  present. 

Q.  Do  vou  mean  that  anybody  who  chose  to  come  in,  could  be  present  at  the  negotiation 
of  the  treaty  ? — A.  It  depended  on  President  Baez  :  we  did  not  object  to  anybody  coming 
in. 

Q.  I  ask,  as  a  matter  of  fact,  was  the  treaty  negotiated  in  public  before  the  whole  commu- 
nity if  they  chose  to  come  in  ?—  A.  Anybody  that  President  Baez  chose  to  let  in,  came  in. 
One  day  the  vice-president  of  the  republic  came  and  staid  awhile,  and  there  were  one  or 
two  others — officials. 

Q.  Did  anybody  of  the  public,  any  Dominican  official,  or  American  official  come  in,  except 
Fabens  and  Cazneau? — A.  I  think  not ;  I  am  pretty  certain  no  one  else  did. 

Q.  Did  Fabens  and  Cazneau  talk  about  the  details  of  the  treaty? — A.  Not  there. 

Q.  Where  did  they  ? — A.  They  might  have  discussed  it  at  Mr.  Perry's  office. 

Q.  Did  you  hear  them? — A.  If  they  discussed  it,  I  did. 

Q.  Do  you  know  whether  they  did  or  not  ? — A.  I  do  not  remember  now.  If  they  did,  it 
was  just  casual  remarks  about  the  treaty.  I  know  on  one  occasion  we  had  considerable 
difficulty,  and  it  looked  as  though  the  treaty  was  going  to  be  a  failure  ;  tiiat  is,  that  we 
sliould  not  succeed  ;  and  on  our  way  home  from  Presid'-nt  Baez's  house  Mr.  Cazneau  sug- 
gested thiit  we  get  up  a  separate  treaty,  or  what  he  called  a  secret  treaty,  and  we  all  shooed 
at  the  idea,  and  told  him  that  anything  that  we  got  up  would  have  to  be  on  the  square  and 
aboveboard.  That  is  the  only  suggestion  I  remember  Cazneau  making,  and  that  was  as 
we  were  going  from  Pre.sideut  Baez's  to  Perry's  office. 

By  Mr.  SCHURZ  : 

Q.  What  was  the  purpose  of  that;  why  did  he  suggest  it?— A.  He  was,  I  suppose, 
anxious  that  the  treaty  should  be  a  success,  and  it  looked  as  though  it  was  going  to  be  a 
failm-e  that  day.     The  conversation  had  not  been  very  pleasant. 


52  DAVIS    HATCH. 

Q.  For  what  purpose  did  he  wnnt  to  £^et  up  a  secret  treaty ;  what  was  his  special  pur- 
pose?— A.  I  do  not  know.  He  spoke  of  a  secret  treaty  that  should  simply  be  shown  to  the 
senate,  or  something  of  that  kiud.  I  did  not  understand  it  and  did  not  think  it  was  a  good 
suggestion.  I  objected  to  it,  and  General  Babcock  did.  We  said  we  could  not  do  any- 
thing of  that  kind ;   that  anything  we  did  would  have  to  be  aboveboard. 

By  Mr.  Ferry  : 

Q.  In  the  negotiation  of  the  treaty  with  President  Baez,  did  General  Babcock  conduct  the 
negotiation? — A.  Yes,  sir,  he  did. 

Q.  Was  he  the  person  who  had  control  of  the  negotiation  on  the  American  side  ? — A.  He 
had. 

Q.  Did  you  understand  Mr.  Perry  to  bo  under  General  Babcock's  orders  and  advice  in 
reference  to  the  matter  ? — A..  From  the  instructions,  my  impression  was  tliat  the  intention 
was  that  Mr.  Perry  should  be  present,  General  Babcock  should  conduct  the  proceedings,  and 
Mr.  Perry  should  sign  them. 

Q.  Did  you  understand  from  the  instructions  that  Ifr.  Perry  was  under  General  Babcock's 
direction  and  advice  in  the  negotiation  of  this  treaty  ? — A.  From  the  instructions,  I  under- 
stood that  General  Babcock  had  the  negotiation  of  the  treaty,  Mr.  Perry  to  be  present,  and 
Mr.  Perry  to  sign  it.  He  was  authorized  by  the  President  to  sign  the  treaty  on  the  part  of 
the  United  States.  I  believe  it  was  originally  the  intention  that  General  Babcock  should 
sign  it,  but  it  was  found  that  an  ofticer  of  tlie  army  could  not  be  a  commissioner. 

Q.    Did  you  say  that  yon  saw  the  instructions  ? — A.  I  did. 

Q.  Was  there  an  expression  like  this  in  them,  addressed  to  Mr.  Perry:  "  It  is  the  desire 
of  the  President  that  you  should  cotrfer  with  General  Babcock  in  every  step  of  these  nego- 
tiations and  be  governed  by  his  advice  ?" — A.  I  think  there  was  some  such  expression,  but 
I  cannot  be  positive  now.  I  believe  that  was  it.  I  have  not  thought  of  the  matter  particu- 
larly since  I  was  there. 

Q.   When  did  you  first  hear  Hatch  spoken  about? — A.  I  cannot  tell  that. 

Q.  Was  it  the  daj^  you  got  there  ? — A.  I  do  not  think  it  was. 

Q.  Was  it  on  shore  or  on  board  ship? — A.  I  tliink  it  must  iiave  been  on  shore.  The  im- 
pression it  made  is  so  faint  that  1  only  remember  that  I  heard  there  was  a  man  in  prison  of 
that  name.  The  circumstances  of  his  being  arrested,  or  what  he  was  doing,  I  had  heard; 
but  that  was  all. 

Q.  You  had  hoard  that? — A.  I  heard  it  there  ;  I  do  not  know  where:  it  may  iiave  been 
on  board  ship;  it  may  have  bi'cn  down  tlicre,  but  it  formed  so  slight  an  impression  on  mo 
that  I  never  gave  it  a  thought,  and  when  the  discussion  canu^  up  in  the  Senate  the  other  day 
I  was  all  at  sea;   I  did  not  know  any  more  about  it  tlian  a  great  many  others. 

Q  Was  the  information  about  Hatch  given  to  you  in  Spanish,  or  Frencii,  or  English? — 
A.  That  I  cannot  tell  ;  it  tiiay  liave  been  in  Englisli,  it  may  have  been  in  Spanisii.  I  know 
I  heard  of  Hatdi,  but  how  I  heard  of  him  or  where  I  heard  of  him  I  cannot  tell  now  ;  but  I 
know  it  was  notiiing  about  having  him  contined,  or  keeping  iiim  in  close  confinement.  I 
heard  that  there  was  such  a  man,  an  American,  who  had  been  arrested  for  carrying  arms,  or 
siding  with  Cabral,  and  sentenced  to  be  shot,  and  that  liis  sentence  was  commuted.  He  was 
no  part  of  our  instructions,  and  I  did  not  give  him  a  thought. 

Q.  General  Babcock  went  down  on  the  Albany  with  you  ? — A.  Yes,  sir. 

Q.  Do  you  remember  whether  he  informed  you,  as  he  was  going  down  on  the  Albany,  any- 
thing about  Hatch  ? — A.  I  do  not  remember  tluit  lie  did  ;  he  may  liave  done  so  ;  but  I  can- 
not say  now  that  lie  did  or  did  not. 

Q.  Was  tlie  person  from  whom  you  received  this  information  regarding  Hatch  some  one 
of  the  party,  Babcock,  Cazneau,  Fabens,  Baez— some  one  of  that  party? — A.  It  could  not 
have  been  from  Baez,  because  we  never  discussed  the  matter  in  the  presence  of  Baez.  It 
must  have  l)een  eitlier  in  the  presence  of  General  Babcock,  Geneva!  Ingalls,  Cazneau, 
f'abens,  Priuie,  or  Mr.  Peny.     Whcither  I  asked  a  (juestion  or  not  I  cannot  tell. 

Q.  Somebody  must  liave  inforuicd  you  ? — A.  Someone  may  Iiave  come  in,  and  the  conver- 
sation been  al)out  Halcii.  Wlial  it  was  did  not  make  any  great  impression  on  my  mind; 
not  rnongh  to  reiiiemlxT  it. 

Q.  Was  llie  imi)reHsion  conveyc^d  to  your  mind  tliat  this  Mr.  Hatch  was  an  American  citi- 
zen ?  — A.  Yes  ;   1  knew  that  he  was  an  American  citizen. 

Q.  How  did  you  know  it? — A.  I  heard  it.  I  do  not  iiiiow  who  told  me.  It  is  conver- 
saticui  tliat  I  never  expected  to  liear  al>out  afterward,  and  my  mind  was  not  impressed 
with  it. 

(^.  Was  th(r  impression  further  conveyed  to  your  mind  that  Mr.  Hatiii  hail  asked  for  the 
intervention  of  ofliccrs  of  the  United  States  govcrnmont  for  Ids  release? — A.  I  never  heard 
that  he  had  askf<l. 

t^.  Then  ail  that  you  remember  to  liave  heard  was  the  m6re  fact  tiiat  Mr.  Hatch,  an  Amer- 
ican cilizen,  was  in  coidiiieiiK'iit  for  i)arlisftnshi|)  witli  Cabral,  substantially? — A.  That  is  it. 
'i'liiit  is  all  I  did  liear,  ami  how  1  heard  it,  and  when  I  heard  it,  I  cannot  now  say.  I  ii<.'ard 
that  ho  hail  l)(:eM  connected  with  Cabral  and  \v,'is  in  pri.soii,  liaviiig  been  sentenced  to  bo 
shot;  and  that  ho  got  otl'  in  some  way,  and  I  never  gave  it  another  tiiought. 


DAVIS    HATCH.  53 

Q.  What  American  war  vessels  were  at  San  Doniinf^o  at  the  time  you  were  there? — A. 
The  Albany',  that  we,  went  down  in  :    and  tiie  Nantasket,  Captain  Hnnce,  came  iu  afterward. 

Q.  Did  you  see  Captain  Bance  wiiile  you  were  there  .' — A.  Yes,  sir. 

Q.  Did  you  go  ou  board  his  vessel  ? — A.  I  did  not. 

Q.  Did  you  liear  any  conversation  in  the  presence  of  Captain  Hnnce  about  Hatch  ? — A.  I 
did  not. 

Q.  Wliere  did  you  see  Captain  Bunce? — A.  I  saw  him  ou  board  the  Albany,  and  I  saw 
him  on  shore  at  the  consulate.     I  was  introduced  to  liiin  there. 

Q.  Did  you  leave  Captain  Bunce  there,  when  you  came  away.' — A.  Yes,  sir. 

Q.  Were  the  Nantasket  and  the  Albany  under  General  Babcock's  orders  while  he  remained 
there? — A.  I  think  they  were.    I  think  he  had  power  to  give  them  instructions. 

Q.  Were  there  any  other  American  war  vessels  while  you  were  there  than  the  Albany  and 
the  Nantasket  ? — A.  No,  sir. 

By  Mr.  Warren  : 

Q.  From  whom  did  you  receive  your  orders  to  report  to  General  Ingalls  in  New  York,  be- 
fore you  went  to  San  Damingo  .' — A.  From  the  War  Department. 

Q.  What  orders  did  General  Ingalls  give  you  when  you  reached  New  York  ? — A.  He  gave 
me  an  order  to  report  to  General  Babcock  on  his  arrival  in  New  York. 

Q.  Did  he  state  for  what  duty  ? — A.  He  did  not.  When  I  met  General  Babcock  I  asked 
him  to  be  kind  enough  to  let  me  know  where  I  was  going,  as  I  should  like  to  let  my  wife 
know  before  I  left. 

Q.  What  was  his  answer? — A.  He  said  "That  is  a  fact,  I  have  not  told  you,"  and  then 
he  told  me  that  we  were  going  to  San  Domingo. 

By  Mr.  Howard  : 
Q.  Do  you  know  at  what  time  Mr.  Perry  received  any  instructions  in  regard  to  Hatch  ?  — 
A.  I  did  not  hear  it.     He  may  have  received  instructions,  but  I  did  not  know  it. 

By  Mr.  ViCKERS : 

Q.  Did  not  Mr.  Cazneau,  at  one  of  your  interviews  with  Baez,  negotiating  the  treaty, 
propose  to  have  two  treaties  prepared,  one  to  lay  before  the  people  tjf  Dominica  and  the 
other  before  the  government  of  the  United  States  ? — A.  I  stated  what  there  was  in  that.  It 
was  not  before  Baez. 

Q.  Did  not  Baez  and  Delmonte  approve  of  such  a  thing  ? — A.  No,  sir ;  not  iu  my  presence. 

Q.  Did  not  Mr.  Perry,  when  you  returned  from  Baez's  house  one  day  after  you  were 
negotiating  the  treaty,  say  that  he  thought  you  were  humiliating  the  government  too  much; 
that  you  ought  to  lay  the  treaty  before  them,  and  if  they  did  not  approve  it  return  home? — 
A.  I  never  heard  any  such  remark. 

Q.  Do  you  remember  a  remark  substantially  that? — A.  No,  sir.  I  never  heard  any  such 
remark.  I  know  that  one  day  Mr.  Perr^'  did  not  go,  and  I  asked  him  "Are  you  not  going?" 
He  remarked,  "I  have  got  to  make  out  these  papers  for  this  captain  " — a  Boston  captain 
who  was  there.  He  was  at  work  on  the  papers  then.  There  may  have  been  some  other 
time  when  lie  did  not  go.  We  always  started  from  his  office,  and  if  he  did  not  go  it  was  his 
own  aifair ;  ho  was  always  invited  to  go. 

By  Mr.  Warner  : 

Q.  Did  General  Babcock  tell  you  when  you  reported  to  him  in  New  York,  or  at  any  time, 
what  was  to  be  your  duty  in  connection  with  the  San  Domingo  affair? — A.  Yes;  he  told 
me  he  wanted  me  to  speak  Spanish  as  interpreter.  Before  that  the  President  was  iu  Phila- 
delphia, and  I  called  on  him.  He  was  out  at  the  time,  and  he  sent  word  to  by  General  Van 
Vliet  that  he  wanted  to  see  me.  I  went  to  Mr.  Borie's  and  met  the  President.  He  asked 
me  if  I  spoke  Spanish.  I  told  him  I  did  speak  Spanish  some  3'ears  ago  very  well.  Said  he, 
"  Can  you  read  it  ?■'  I  told  him  I  thought  I  could,  and  could  understand  it  pretty  well. 
Then  said  he,  "Can  you  be  ready  to  go  somewhere  in  eight  or  ten  days?  "  I  told  him  at 
any  time  I  was  ordered,  of  course.  The  next  thing  I  got  a  telegram  to  go  to  New  York  to 
report  to  General  Ingalls  for  orders,  and  I  met  General  Babcock  the  next  morning  after  I 
reported  to  General  Ingalls. 

By  Mr.  ViCKERS  : 

Q.  Did  you  hear  Cazneau  speak  of  Hatch  at  any  time  ? — A.  I  did  not.  He  may  have 
spoken  of  liim  in  general  conversation  in  the  office  of  Mr.  Perr^y.  I  do  not  know  who  spoke 
of  it.  It  was  a  general  conversation  among  the  different  gentlemen,  speaking  of  Hatch.  I 
do  not  know  how  he  was  mentioned.     I  gave  it  very  little  thought. 

By  Mr.  Howard: 

Q.  Do  you  know  of  any  fact  inducing  you  to  believe  or  to  suspect  that  in  the  concoction 
of  the  treaty  of  annexation  the  negotiators  on  either  side  made  any  false  or  fraudulent  repre- 
sentation in  regard  to  any  portion  of  the  subject-matter  of  the  treaty  ? — A.  No,  sir ;  I  do  not. 
I  have  always  thought  and  have  always  said  that  I  believed  if  there  was  ever  an  honest 
transaction  from  one  end  to  the  other,  that  was  the  transaction ;  and  I  have  always  said  that 


54  DAVIS   HATCH. 

I  thought  it  was  a  feather  in  the  cap  of  the  Domiuicaa  authorities  that  they  never  alluded  to 
themselves  as  to  what  was  goin^  to  become  of  them,  in  any  way,  shape,  or  form. 

Q.  Have  j^ou  any  reason  to  suspect  that  President  Baez  made  any  false  statement  to  you, 
or  to  General  Babcock,  or  to  Mr.  Perry,  or  any  other  of  the  American  agents  there,  respect- 
ing the  subject-matter  of  the  same  treaty  ? — A.  No,  sir ;  I  think  he  was  strictly  honest  in 
every  respect.     I  thought  so  then,  and  1  think  sd  still. 

Q.  Did  Mr.  Perry,  who  signed  the  treaty,  express  to  you  any  suspicion  that  any  such 
false  representation  had  been  made  ? — A.  He  did  not. 

Q.  Either  while  you  were  there  at  San  Domingo,  or  since  that  time  ? — A.  No,  sir.  I  met 
Mr.  Perry  the  other  day  here  and  he  told  me  he  was  for  the  whole  treaty  and  every  article 
in  it,  and  was  trying  to  induce  senators  to  vole  for  it. 

Q.  Did  he  express  any  suspicion  against  the  honesty  of  Mr.  Fabens  or  Mr.  Cazneau.  in 
regard  to  the  representations  which  they  made  with  regard  to  the  treaty,  or  the  part  which 
they  took  in  its  concoction  ? — A.  No,  sir ;  he  did  not.  I  never  heard  Mr.  Perry  find  fault 
or  make  auy  suggestions  against  the  treaty  in  any  way  or  manner,  or  against  any  peison 
down  there.  I  thought  he  was  on  friendly  terms  with  everybody  and  regarded  the  treaty  as 
I  did. 

Q.  Did  you  hear  him  say  that  he  had  auy  suspicion  that  the  making  of  the  treaty  was 
"a  put-up  job,"  or  anything  of  that  kind  ? — A.  I  did  not. 

By  Mr.  Tickers  : 

Q.  Did  not  Cazneau  do  a  very  considerable  part  of  the  talking  while  the  negotiations  for 
the  treaty  were  going  on  ? — A.  He  did  not;  Mr.  Fabens  did  more  talking tlian  Mr.  Cazneau. 

Q.  Did  he  do  a  considerable  part  of  the  talking? — A..  He  did  some.  Sometimes  1  would 
ask  Mr.  Fabens  to  interpret. 

Q.  What  agency  had  he  in  the  transaction? — A.  None  at  all.  He  was  there,  I  suppose, 
as  a  friend  of  both  parties.  He  was  not  called  there  by  General  Babcock  or  myself,  as  far 
as  I  know. 

Q.  Did  General  Babcock  ask  him  to  aid  him  in  the  matter? — A.  No,  sir.  Sometimes, 
after  talking  awhile,  when  Baez  was  about  to  speak,  I  would  ask  Mr.  Fabens  to  interpret, 
and  if  he  did  not  interpret  exactly  right,  I  would  correct  him  as  he  went  along.  It  is  pretty 
hard  work  to  interpret  all  day. 

By  Mr.  Warner  : 
Q.  What  impression  did  you  get  from  your  intercourse  with  the  people  there  as  to  the 
strength  and  prospect  of  permanence  of  the  Baez  government  on  the  island  ? — A.  That  is  a 
hard  question  to  answer. 

By  Mr.  Howard: 

Q.  As  to  the  solidity  of  its  foundation? — A.  It  is  pretty  difficult  to  say.  I  thought  he 
was  a  pretty  firm  man,  and  particularly  with  the  prospect  of  annexation  I  thought  he  would 
have  no  trouble  in  holding  his  place. 

By  Mr.  SciiURZ : 

Q.  You  stated  that  your  recollection  with  regard  to  the  conversations  whicli  took  place 
concerning  Mr.  Hatch  are  rather  indistinct  ? — A.  Yes,  sir;  it  is  something  that  made  no  im- 
pression on  my  miiKl. 

Q.  Are  your  recollections  with  regard  to  the  general  conversations  which  took  place  there 
very  distinct  ? — A.  I  think  they  are. 

Q.  Then  your  recollections  in  regard  to  those  conversations  are  distinct,  with  the  excep- 
tion of  the  case  of  Mr.  Hatch  ? — A.  I  do  not  say  that.  I  cannot  tell  wlicre  the  conversation 
in  regard  to  tlie  case  of  Hatch  took  place.  But  I  know  there  was  never  anything  said  as  to 
aiding  to  detain  him  in  confinement  or  anythi'ig  of  that  kind,  for  if  tliore  iiad  been  I  should 
have  rememhered  that.  The  conversation  was  so  general  tiiat  I  did  not  give  it  a  second 
thought,  hardly.  The  conversations,  us  a  general  thing,  were  usually  held  at  the  consulate, 
where    I    noticed  particularly  what  was  said. 

Q.  Your  recollection  of  the  (uuiversatioiis  on  that  subject  is  not  very  distinct? — A.  It  is 
not.     ]  recollect  nothing  of  any  imjiortaiui-  about  it. 

I'ly  Mr.  Howard  : 
Q.   I  understand  you  to  say  that  your  recollections  are  ordinarily  distinct  as  to  the  con- 
versations respecting  the  treaty  f — A.  Yes;  that  identical  matter.     That  was  what  I  went 
down  then-  for;   but  the  conversations  outside,  as  a  general  thing,  I  never  gave  much  atten- 
tion to;  I  had  the  writing  to  do,  princi])ally. 

By  Mr.  Warner: 

(^.  What  did  you  undcrstiind  to  b(^  the  po.sitimi  of  Cubruj  and  his  part}'  as  to  annexa- 
tion ? — A.  His  friends  in  the  ishuid — not  those  who  were  with  iiini — but  his  friends  tlu^re 
that  I  spoke  to  were  in  lavnr  of  annexation.  'J  hey  wuuhl  tell  me  that  they  were  not  the 
friends  ol  Ba<z,  hut  they  would  not  saj-  that  they  were  Caiiral  men.  'I'hey  said  that  they 
were  Santann  men,  but  they  wcn^  all  in  favor  ot  !iiinexation,  thoii;^h  they  would  jirefer,  of 
course,  that  their  mar  should  he  at  the  head  of  flio  government  rather  than  Baez. 


DAVIS    HATCH.  55 

Q.  Did  you  hear  of  anybody  opposed  to  annexation  ?— A.  I  did  not  ;  all  I  spoke  to  were 
in  favor  of  it. 

By  the  Chairman  : 
Q.  Have  you  ever  had  any  business  connection  or  interest  in  San  Domingo  ? — A.  I  have 
not  now,  and  never  have  had. 

RUFUS  Ingalls  sworn  and  examined. 

By  the  Chairman  : 

Question.  State  your  official  position. — Answer.  I  am  assistant  quartermaster  general, 
and  brevet  major  f^eneral  United  States  Army,  stationed  in  New  York  City. 

Q.  Did  you  go  down  to  San  Domingo  with  General  Babcock  and  General  Sackett  ? — A.  I 
did,  on  the  Albany. 

By  Mr.  Schl'RZ  : 

Q.  Did  you  go  there  in  any  official  capacity  ?— A.  I  received  a  letter  from  the  Secretary 
of  War  ordering  me  to  report  to  General  Babcock,  to  accompany  him  and  render  such  assist- 
ance as  he  might  call  upon  me  for.  Aside  from  that,  I  can  hardly  say  that  I  went  there  in 
any  official  capacity.     I  was  simply  instructed  to  report  to  hi-m. 

Q.  Did  your  instructions  specify  anything  as  to  the  kind  of  assistance  you  were  to  ren- 
der?— A.  Nothing,  except  what  might  be  ordered  by  General  Babcock. 

By  the  Chairman: 

Q.  Were  you  present  at  any,  and,  if  so,  how  many,  of  the  interviews,  at  the  time  of  the 
negotiation  of  the  treaty,  at  the  house  of  President  Baez  ? — A.  I  was  not  present,  and  took 
no  part  in  the  negotiation  of  the  treaty.  I  accompanied  General  Babcock  and  Gen- 
eral Sackett  to  San  Domingo.  I  was  knowing  to  all  the  transactions ;  I  read  the  instruc- 
tions ;   I  heard  all  the  conversations;  but  duiing  the  official  interviews  I  was  not  present. 

Q.  While  there  did  you  see  Mr.  Perry,  and,  if  so,  how  frequently  ? — A.  I  saw  him  daily. 
We  arrived  there,  I  think,  on  the  18th  of  November,  and  went  ashore  immediately.  The 
first  time  I  saw  Mr.  Perry  was  on  board  the  Albany.  As  soon  as  we  came  to  anchor  he 
came  on  board,  and  then  we  all  went  on  shore  and  paid  our  respects  to  the  authorities. 
From  that  time  until  we  left  San  Domingo,  on  the  4th  of  December,  I  saw  him  daily.  I 
spent  most  of  my  time  from  morning  until  evening  in  his  office. 

Q.  Did  you  hear  the  subject-matter  of  this  treaty  talked  over  in  his  office  ? — A.  Daily. 

Q.  During  those  interviews  did  you  hear  Mr.  Perry  say  anything  against  any  of  the  pro- 
visions of  the  treaty  ?— A.  No,  sir.  On  the  contrary,  he  appeared  to  enter  into  it  very  heartily 
and  cheerfully,  aud  spoke  of  it  as  a  thiag  which  he  wished  consummated  very  much,  to  the 
last  moment  of  our  leaving  there. 

Q.   Have  you  had  any  conversation  with  him  since  ? — A.  No,  sir. 

Q.  While  there  did  you  hear  anything  said  about  this  Mr.  Hatch  ?— A.  I  think  after  our 
arrival  in  San  Domingo  I  heard  the  matter  spoken  of  in  a  casual  way  by  some  people,  but 
by  whom  I  do  not  now  know.  They  must  have  been  some  of  our  acquaintances,  of  course, 
but  how  the  subject  came  up  I  do  not  now  know. 

Q.  Did  you  hear  Mr.  Perry  say  anything  about  it? — A.  I  do  not  recall  now  that  I  heard 
Mr.  Perry  express  any  opinion  on  the  subject. 

By  Mr.  Howard: 

Q.  Did  he  refer  to  the  confinement  of  Hatch,  so  far  as  you  recollect  ?— A.  I  do  not  think 
he  did.  In  the  conversations  that  I  heard— and  I  must  have  heard  nearly  everything  that 
was  said  in  the  city — I  do  not  remember  now  that  Mr.  Perry  expressed  any  opinion,  or  felt 
called  upon  to  say  anything. 

By  Mr.  Schurz  : 

Q.  Are  your  recollections  very  distinct  on  that  point  ? — A.  Pretty  distinct. 
By  the  Chairman  : 

Q.  During  any  of  the  conversations  at  the  office  of  Mr.  Perry,  or  anywhere  else,  while 
there,  did  you  hear  of  any  suggestions  about  this  treaty  that  were  not  frankly  and  openly 
talked  about? — A.  I  did  not.  I  watched  it  with  a  great  deal  of  interest.  Although  I  was 
not  present  at  the  interviews,  I  knew  after  any  conversation,  from  General  Babcock  and 
General  Sackett,  what  had  taken  place,  and  I  watched  the  matter  with  a  great  deal  of  in- 
terest. I  knew  those  people  pretty  well  for  the  time  I  was  there,  and  watched  them  pretty 
carefully. 

By  Mr.  Howard  : 

Q.  Are  you  able  to  speak  Spanish  ? — A.  I  could  speak  it  formerly  pretty  well.  I  under- 
stand it  now  quite  well. 

Q.  You  understand  it  when  spoken  in  your  presence  ? — A.  Quite  well,  but  not  so  as  to  say 
that  I  speak  it  fluently. 


56  DAVIS    HATCH. 

By  the  Chairman  : 

Q.  Did  there  seem  to  be  any  division  of  sentiment  between  Baez  and  his  officials  as  to  the 
propriety  of  the  treaty,  tbat  you  heard  or  learned  of? — A.  l^lo,  sir.  They  acted  with  a  great 
deal  of  discretion,  a  great  deal  of  judgment,  and  with  the  highest  honor,  so  far  as  I  could 
observe. 

Q.  Did  you  hear,  on  the  part  of  General  Babcock,  any  suggestions  about  any  secret  or 
other  treaty  than  the  one  he  went  there  to  make  ? — A.  No,  sir. 

Q.  Did  you  see  on  the  voyage,  or  at  any  time  before  it  was  consummated,  a  draught  of  the 
treaty  which  was  sent  down  to  be  executed  ? — A.  I  did.     I  saw  it  on  the  voyage  down. 

Q.  Have  you  seen  the  treaty  as  signed? — A.  I  was  present  at  the  signing  of  it. 

Q.  State  whether  it  is  substantially  the  same. — A.  It  is  substantially  the  same. 

By  Mr.  Shurz  : 

Q.  Do  you  say  that  you  saw  the  treaty  as  signed  ' — A.  I  saw  the  treaty  when  signed  and 
heard  it  read  over  article  by  article. 

By  Mr.  Williams: 

Q.  Were  you  and  General  Babcock  on  confidential  terms  during  the  voyage  ? — A,  En- 
tirely so. 

Q.  Did  he  communicate  to  you  his  views  and  intentions  and  wishes  about  matters  in  San 
Domingo  ? — A.  As  fully  as  possible. 

Q.  Did  he  ever  communicate  to  you  at  any  time  any  desire  or  wish  as  to  what  should  be 
done  with  Mr.  Hatch  ? — A.  Not  the  slightest. 

Q.  Do  you  remember  whether  or  not  he  ever  mentioned  Hatch  to  you  at  any  time  ? — A. 
It  is  possible,  but  not  in  any  positive,  direct  Avay  at  all.  He  never  mentioned  it  as  a  matter 
■with  which  he  had  anything  to  do. 

Q.  Was  no  interest  taken  in  the  affair  of  Mr.  Hatch  by  your  party  while  you  were  in  San 
Domingo  ? — A.  None  ;  it  was  a  matter  of  which  none  of'us  had  any  charge. 

Q.  How  often  did  you  meet  Baez  while  you  were  there? — A.  Frequently. 

Q.  Did  you  ever  hear  him  say  anything  about  Mr.  Hatch  ?— A.  Not  a  word. 

By  Mr.  SciiURZ : 

Q.  How  did  you  meet  General  Baez  ?  Socially,  informally  ? — A.  On  two  or  three  occa- 
sions I  did.  The  first  time,  on  going  ashore,  we  went  there  and  paid  our  respects  officially, 
and  afterward,  whenever  I  saw  him,  it  was  entirely  unofficially  as  far  as  I  was  concerned. 

Q.  You  passed  in  and  out  there  quite  frequently  ? — A.  I  did  not  go  to  the  palace  myself 
often,  but  I  would  see  him  elsewhere,  and  very  frequently  those  people  would  come  in  the 
consulate,  where  the  conversations  mostly  took  place. 

Q.  Baez  himself? — A.  Baez  himself  never  came   here. 

Q.  You  say  you  saw  President  Baez  elsewhere  ? — A.  I  saw  him  in  the  city. 

Q.  Walking  on  the  streets  ? — A.  Walking. 

Q.  When  you  .saw  him,  were  you  always  in  company  or  did  you  see  him  alone? — A.  I 
generally  saw  him  passing  from  the  plaza  to  the  palace  in  the  morning. 

Q.  Did  you  have  conversations  with  him  on  such  occasions? — A..  No,  sir;  I  talked  with 
him  very  little. 

Q.  How  often  did  you  see  him  to  converse  with  him  ? — A.  Not  more  than  three  times,  I 
think. 

Q.  Were  you  alone  then  or  in  company? — A.  There  were  always  other  persons  present. 

Q.  WhoV — A.  General  Babcock,  General  Sackett,  Mr.  Perry,  at  the  first  interview  ;  Cap- 
tain Balch,  of  the  Albany,  I  think,  was  present  then,  and  possibly  Mr.  Fabeus  and  Mr. 
Cazneau. 

Q.  So  President  Baez  is  quite  accessible  ? — A.  He  seemed  to  be  so. 

By  Mr.  Ferrv: 

Q.   You  were  not  present  at  the  official  interviews  .' — A.   1  was  not. 

Q.  At  none  of  them  ? — A.  As  a  general  thing  ixit. 

Q.  Were  you  present  at  any  of  them  !—A.  No,  sir. 

Q.  How,  then,  do  you  know  that  Biicz  and  iiis  advisers  acted  with  discretion  and 
honor? — A.    I  know  it  from  the  rcpresciitiitioDs  of  jjcoplc  who  reported  it. 

Q.  Wliat  people ?--A J  (General  Biibcock,  (Jcncral  Sackett,  Mr.  Cazneau,  Mr.  Perry. 

Q.  You  do  not  know  it  of  your  •  wn  knowledge? — A.  I  hud  the  same  knowledge  that 
almost  any  one  would  who  was  in  the  same  place  and  heard  it  talked  over. 

Q.  I  think  I  have-  seen  a  document,  or  a  report  of  yours,  in  regard  to  San  Domingo. 
Have  you  not  been  there  before? — A.  No,  sir.  I  have  given  some  testimony  with  regard  to 
San  Domingo  to  Senalor  Morton. 

Q.  Have  you  given  inforiiialion  in  writing  witli  regard  to  the  island  ' — A.  I  gave  tcsti- 
raoiiy,  which  was  reduced  to  writing  in  Senator  Morton's  rooms. 

Q.   With  regard  to  the  resources  of  ilie  island  ?— A.   Yes,  sir. 

Q.  How  did  you  become  actinainted  with  those  recources  ? — A.  1  do  not  think  my  testi- 
mony was  very  full  on  that  point,  because  I  could  not  give  a  great  deal  except  from  what 
knowledge  I  had.     If  you  saw  the  testimony  it  was  rather  meager. 


DAVIS    HATCH.  57 

Q.  Did  you  have  any  business  interests  in  San  Domingfo  yourself  at  any  time  what- 
ever ? — A.  None.     I  never  was  in  San  Domingo  except  at  this  time  I  speak  of. 

By  Mr.  ScHURZ : 
Q.  Have  you  now  ? — A.  I  have  not  now. 

By  Mr.  Ferky  : 

Q.  You  never  had  any  business  connection  of  any  kind  with  the  island  ? — A.  I  never  had 
any  business  connection  with  the  island,  and  have  none  now. 

By  Mr.  ScHURZ  : 

Q.  Had  you  any  special  facilities  for  acquiring  information  about  the  resources  of  San 
Domingo? — A.  I  wanted  to  get  all  the  information  I  could,  as  in  case  the  island  should  be 
annexed  it  would  be  my  duty,  probably,  to  have  a  good  deal  to  do  with  it,  ofiieially,  in  the 
way  of  sending  supplies  there,  and  I  wished  to  know  what  could  be  obtained  in  the  island, 
aqd  its  capacities  in  different  ways. 

Q.  From  whom  did  you  obtain  your  information  concerning  the  resources  of  the 
island  ? — A.  From  all  sources ;  from  conversation  and  from  the  departments  there.  In  the 
departments  one  has  access  to  the  records,  and  nearly  all  the  statistics  one  wants  can  be  found 
there  in  regard  to  the  population  and  products  of  the  country. 

Q.  So  the  statements  you  made,  in  the  testimony  you  speak  of,  were  based  on  what  you 
found  in  the  records  of  the  departments  there  ?— A.  Partly  that  and  partly  from  inquiries  I 
made  from  persons  who  possessed  information.  I  got  it  from  all  sources  that  I  could  gather 
it.    I  do  not  pretend  that  I  gathered  much  ;  but  what  I  could,  I  got. 

By  Mr.  Howard: 
Q.  You  obtained  your  information  as  other  inquirers  do? — A.  In  precisely  the  same  way. 
I  got  it  from  the  best  sources  I  could. 

By  Mr.  Vickers  : 

Q.  Did  you  hear  any  conversation  about  two  treaties  being  prepared,  one  to  suit  the  people 
there,  and  one  for  our  government? — A.  That  I  do  not  remember. 

By  Mr.  Warner  : 
Q.  Did  you  have  any  knowledge,  or  hear  in  any  way.  of  General  Babcock,  or  anybody 
else  connected  with  the  treaty,  having  any  business  interests  in  the  island  ? — A.  No,  sir.  On 
the  contrary,  I  am  very  sure  that  there  was  no  idea  of  the  sort.  I  was  there  in  such  a  way 
as  to  have  permitted  me  to  have  interests  if  I  had  cliosen,  the  same  as  any  other  citizen  ;  it 
was  a  matter  that  I  have  spoken  of  ;  but  I  had  no  idea  of  it  at  all. 

By  Mr.  ScHURZ : 

Q.  You  say  you  were  there  in  a  way  that  you  might  have  had  an  interest  like  any  other 
citizen,  had  you  chosen.  What  do  you  mean  to  indicate  by  that  ?  Was  there  any  oiler  made 
to  you  ? — A.  No,  sir  ;  I  mean  that  if  I  had  seen  fit  to  buy  a  plantation ;  or  anything  of  that 
sort,  there  was  no  impediment. 

By  Mr.  Warner  : 

Q.  Was  there  any  conversation  between  j'ou  and  General  Babcock,  or  with  Mr.  Perry,  or 
General  Sackett,  or  any  other  one  of  your  party,  to  the  effect  that  you  could  secure  any  in- 
terest there  which  would  become  valuable  by  reason  of  the  annexation  ? — A.  I  do  not  know- 
that  there  was  anything  of  that  kind  spoken  of;  certainly  nothing  important,  nothing 
definite. 

By  Mr.  SciiURZ : 

Q.  So  something  of  that  kind  might  have  been  spoken.  Do  you  remember  anything  of 
that  sort? — A.  I  do  not  remember  of  speaking  about  the  matter  with  Perry,  but  I  remem- 
ber of  thinking  and  talking  about  it  the  same  as  anybody  else  would,  but  there  was  no  oc- 
casion, no  opportunity  ;  resulted  in  nothing  ;  it  was  just  simply  speculative  conversation. 

By  Mr.  Howard  : 

Q.  How  long  did  your  visit  on  the  island  last  ? — A.  From  the  18th  of  November  to  the 
4th  of  December. 

Q.  Then  you  left  the  island  and  came  home  ? — A.  We  went  from  there  to  Samana,  and 
thence  home. 

By  Mr.  Schurz  : 

Q.  Did  you  ever  carry  on  any  correspondence  with  Mr.  Perry  ? — A.  I  think  a  letter  may 
have  passed  between  us. 

Q.  Did  you  carry  on  a  correspondence  with  Mr.  Cazneau? — A.  I  do  not  remember  ever 
to  have  written  to  Cazneau  at  all.  I  did  write  to  Fabens  once,  I  think.  I  think  I  wrote 
to  Mr.  Perry  once. 


58  DAVIS    HATCH. 

Hon.  Hamilton  Fish,  Secretary  of  State,  called  and  examined. 

By  the  CHAIRMAN  : 

Question.  State,  if  you  please,  all  you  know  in  regard  to  the  caseof  Davis  Hatch,  recently 
imprisoned  iu  San  Domingo. — Answer.  I  have  had  very  little  time  to  refresh  my  memory 
in  detail  since  I  received  your  letter  inviting  me  to  appear  before  you ;  but,  according  to  my 
recollection,  the  first  intimation  I  had  of  any  trouble  iu  which  Mr.  Hatch  was  involved  was 
in  a  dispatch  received  some  time  last  September,  I  think,  from  Mr.  Smith,  who  was  then  the 
commercial  agent  of  the  United  States  at  San  Domingo.  His  dispatch  has  been  communicated 
to  the  Senate,  and  printed.  He  referred  to  it  as  the  case  of  an  American  citizen  who  bad 
been  imprisoned,  and  whose  case,  I  think,  he  had  communicated  to  President  Baez;  that  he 
had  been  sou^e  length  of  time  without  any  information  from  Mr.  Hatch ;  and  there  were 
some  parts  of  the  letter  which,  in  communicating  it  first  to  the  Seuate,  I  did  not  think  it 
worth  while  to  transmit,  because  T  did  not  think  they  bore  upon  the  case.  I  think  there 
were  two  dispatches  wliich  came  about  the  same  time.  Tlie  correspondence  following,  the 
Senate  has  received  and  has  had  printed.  I  do  not  know  tbat  I  can  add  anything  to  it. 
Tiiere  was  nothing  up  to  that  time  tbat  I  have  not  communicated.  By  referring  to  the 
printed  document,  (Senate  Executive  Document  No.  54,  forty-first  Congress,  second  session, ) 
I  can  tell  you  the  dates. 

Mr.  Smith's  first  dispatch  is  dated  4th  September,  1869,  at  San  Domingo  City.  His 
next  dispatch  is  dated  September  9,  JSGO.  I  think  both  those  dispatches  were  received  here 
at  the  same  time  ;  in  the  latter  of  which  he  says  : 

"I  cannot  communicate  anythiag  further  until  I  see  Mr.  Hatch,  and  am  acquainted  with 
the  accusations  on  which  he  has  been  arrested." 

The  next  dispatch  from  Mr.  Smith  was  dated  at  San  Domingo  City  October  8,  1869.  In 
this  dispatch  Mr.  Smith  stated  that  Mr.  Hatch  had  been  brought  to  trial  by  a  court-martial, 
and  condemned  to  be  shot;  that  "the  sentence  was  immediately  forwarded  by  express  to 
the  President,  who  referred  it  to  the  'senatiis  consultum,'  and  that  body  decided  to  pardon 
Mr.  Hatch;  and  an  order  from  the  goverument  to  that  eft'ect  was  sent  to  Azua,  and  I  under- 
stand he  is  at  liberty  and  will  receive  his  passport." 

We  supposed  that  that  terminated  the  case  of  Mr.  Hatch,  and  that  he  was  then  at  liberty. 
On  the  receipt  of  that  dispatch,  by  the  next  steamer,  on  the  15th  of  November,  a  dispatch 
was  sent  to  Mr.  Smith,  signed  by  Mr.  Davis,  the  Assistant  Secretary  of  State,  stating  that 
"the  department  hopes  that  the  representations  which  have  been  made  to  the  Dominican 
government  respecting  Mr.  Davis  Hatch  have  been  successful." 

It  was  supposed  that  that  ended  the  case. 

By  Mr.  Howard  : 

Q.  Do  you  think  that  dispatch  of  November  15  was  written  after  the  receipt  of  Mr. 
Smitli's  dispatch  to  you,  dated  October  8  ? — A.  I  should  only  infer  so  from  the  tenor  of  it 
now.  I  have  not  had  time  to  look  up  the  date  of  the  receipt  of  the  various  dispatches  from 
Mr.  Smith.     On  the  KJth  of  November  Mr.  Perry  wrote  from  San  Douuugo  City  : 

"Mr.  Hatch,  the  American  citizen  who  has  been  imprisoued  at  Azua,  I  understand  has 
been  pardoned,  on  condition  he  leaves  the  country." 

Q.   Is  that  a  correct  date,  "November  IG,  181)9/ — A.  I  presume  so. 

Q.  Does  that  correspond  with  the  original  manuscript  letter? — A.  I  suppose  so.  I  have 
had  no  opportunity  of  comparing  these  dates;  but  tliese  copies,  which  were  sent  to  the 
Senate  and  printed,  were  transcribed  carefully  from  the  originals  iu  tlie  department. 

Tlien,  some  time  in  the  latter  part  of  December,  or  probably  the  first  of  January,  I  re- 
ceived a  note  from  Senator  Ferry,  calling  attention  to  the  fact  tiiat  Mr.  Halcli  had  not  then 
been  discharged.  It  is  dated  December  ;5I,  18()9.  It  is  in  the  printed  document  to  which  I 
have  referred.  The  date  of  its  reception  is  not  noted,  but  probably  it  was  received  on  the  1st 
or  iid  of  .January,  1870.  It  incloses  a  letter  addressed  to  Senator  Ferry,  and  one  addressed 
to  myself,  from  Mr.  Stephen  S.  Hatch,  the  sou  of  Mr.  Davis  Hatch.  That  was  answered 
by  a  note  from  uiu  to  Senator  Ferry  of  tin;  [k\  of  .January,  1870,  detailing  what  tho  de- 
partment then  knew  of  the  case,  and  stating  that  "  the  sentence  was  innnediately  forwarded 
l)y  express  to  tlie  President,  who  referred  it  to  the  senatus  consultum,  and  tiiat  body  decided 
t(»  pardon  Mr.  Hatch,  and  an  onler  from  tiie  government  to  that  etfuct  was  sent  to  Azua, 
and  h(^  iiiidcrstDod  that  Mr.  Ilatcli  was  at  liberty  and  would  r«!ceive  liis  ])assport.  No  fur- 
ther infiriiiation  lias  beciU  received  from  Mr.  Sinitii.  Mr.  Perry,  the  successor  of  Mr.  Smith 
as  coiiiinfrciHl  agent,  states  that  '  Mr.  Ilatrh,  the  American  citizen  who  has  been  imprisoned 
at  Azua,'  had  '  been  pardoned  on  condition  he  leaves  tho  country.'  It  is  presumed  that  Mr. 
Hatch  has  been  released  and  may  be  en  route  for  the  United  States.  " 

By  Mr.  Williams  : 

Q.  I  undi-rstand  that,  up  to  that  date,  the  3d  of  January,  1870,  the  State  Department  had 
no  knowledge  that  Mr.  Hatch  was  illegally  detained  in  San  Domingo? — A.  None  whatever. 
We  knew  that  he  had  been  ;  but  were  intormed  tliat  lie  had  bei^n  tried,  condemned,  par- 
doiKid,  and  ollered  liis  liberty  on  condition  of  leaving  tlio  island,  which  we  suppose  had 
been  done. 


DAVIS    HATCH.  59 

On  the  lltli  of  January,  1870,  a  letter  from  Senator  Ferry  to  myself  incloses  "a  letter 
from  Mr.  Davis  Hatch,  received  this  morning,  and  dated  Aziia,  San  Donungo,  December  21, 
18()'J,  from  which  it  appears  that  at  the  said  date  he  was  still  iu  coutiuenieut." 

The  letter  proceeds : 

"  I  am  aware  that  the  present  consular  agfcnt  is  not  friendly  to  Mr.  Hatch,  being  misled, 
as  I  believe,  by  false  representations  of  others,  but  he  certainly  ought  to  attend  somewhat 
more  promptly  to  the  rights  of  an  American  citizen,  now  admittedly  held  a  prisoner  with- 
out law. 

"  I  would  be  obliged  to  you  for  a  copy  of  the  record  for  which  Mr.  Davis  Hatch  asked, 
acd  for  au  efficient  order  for  his  release.  " 

The  letter  inclosed  in  that  from  Mr.  Hatch  to  Senator  Ferry  was  dated  December  21, 18G9, 
and  is  as  follows  : 

Mr.  Hatch  to  Air.  Ferry. 

"AzUA,  December 2],  1869. 

"Sir  :  Since  writing  you  on  the  16th  instant,  1  learn,  to  my  great  regret,  that  there  was 
DO  steamer  called  at  fean  Domingo  on  the  9th  to  take  the  mail  to  St.  Thomas  to  meet  the 
Brazilian  steamer  appointed  to  leave  there  on  the  J^th.  I  presume  the  mail  has  been 
sent  to  St.  Thomas  by  a  sailing  vessel,  but  as  there  is  no  steamer  from  there  except  on  the 
13th,  my  letter  to  you  of  the  6th  must  wait  until  then,  or  take  its  chance  from  there  by 
sailing  vessel.  I  regret  this  the  more,  as  there  seems  to  be  no  hope  of  my  release  until  an 
order  comes  from  the  governmeut  at  Washington.  Our  commercial  agent  has  not  replied 
to  either  of  my  letters,  and  I  know  uothing  of  him.  He  has  been  in  the  country  now  forty 
daj's.     His  conduct  is  unaccountable,  and  to  me  it  seems  unpardonable. 

"  I  forgot  in  my  last  to  request  to  ask  of  the  State  Department  the  record  of  my  trial 
from  this  government.  I  see  this  was  done  in  many  cases  iu  1866,  between  the  British  gov- 
ernment and  ours,  and  never  refused. 

"I  cannot  comprehend  the  motive,  still  less  the  justice,  in  holding  me  here,  now  nearly 
three  months,  since  they  were  graciously  pleased  to  commute  my  sentence  to  banishment. 
My  sufferings  are  almost  beyond  endurance.  Again  begging  you  to  intercede  for  me,  and 
to  demand  my  immediate  release,  if  no  order  has  already  been  given." 

Mr.  Ferry.  I  will  state  that  this  is  the  first  letter  1  received  from  Mr.  Hatch.  His  pre- 
ceding ones  had  miscarried.     I  subsequently  received  other  letters  of  a  prior  date. 

The  Witness.  That  letter  was  inclosed  to  me  in  Senator  Ferry's  letter  of  the  11th  of  Jan- 
uary, and  on  the  12th  I  replied  to  Senator  Ferry,  acknowledging  the  receipt  of  his  letter,  and 
stating  that  I  had  the  honor  to  inform  him  "that  an  instruction  has  been  sent  to-day  to 
the  United  States  commercial  agent  at  San  Domingo  City  to  use  his  eft'orts  to  procure  his  re- 
lease, and  to  extend  to  him  such  other  good  otlKces  as  he  may  be  able  to  exert  iu  his  behalf. 
No  record  of  the  case  has  been  received  at  this  department  respecting  the  imprisonment  of 
Mr.  Hutch,  but  the  conmiercial  agent  has  been  instructed  to  obtain  a  copy  of  it,  and  to  trans- 
mit it  to  the  department  by  the  first  opportunity." 

On  the  same  day  I  addressed  a  dispatch  to  Mr.  Perry  in  the  following  words  : 

"Washington,  January  12,  1870. 

"Sir:  Kepresentations  having  been  made  to  the  department  that  Mr.  Davis  Hatch,  an 
American  citizen,  who  had  been  imprisoned  and  condemned  to  be  shot  by  the  Dominican 
authorities,  but  who  was  afterward  pardoned  on  condition  that  he  would  leave  the  country, 
is  still  in  prison  at  Azna,  you  are  instructed  to  use  j'our  efforts  to  procure  his  release,  and  to 
extend  to  him  such  other  good  offices  as  you  can  exert  in  his  behalf.  You  will  please  obtain 
a  copy  of  the  process  against  him  and  forward  it  to  this  department  by  the  first  opportunity." 

On  the  2d  of  February,  Senator  Ferry  wrote  me,  requesting  "  a  duplicate  of  the  last  order 
issued  from  the  State  Department  for  the  release  of  Mr.  Davis  Hatch,  a  citizen  of  Connecti- 
cut, now  imprisoned  at  San  Domingo.     I  wish  to  send  a  special  messenger  to  San  Domingo 
■with  this  duplicate,  a  course  which  I  believe  to  be  necessary  to  secure  the  release  of  Mr. 
Hatch." 

On  the  same  day  I  addressed  a  note  to  Senator  Ferry,  transmitting  to  him  "  a  certified  copy 
of  the  instructions  to  Mr.  Raymond  H.  Perry,  United  States  commercial  agent  at  San  Do- 
mingo, dated  January  12,  1870,  respecting  the  imprisonment  of  Mr.  Davis  Hatch,"  which 
I  have  already  read. 

On  the  8th  of  February,  Mr.  Perry  wrote  from  Sau  Domingo 

By  Mr.  Howard  : 

Q.  About  what  time  was  that  received?— A.  lean  hardly  tell  you  that.  The  steamers 
leave,  here,  I  think,  once  a  month  ;  they  sail  from  here  about  the  5th  of  the  month,  and  from 
there  about  the  19th  ;  and  the  tiip  takes  from  six  to  eight  days.  This  dispatch,  therefore, 
although  dated  the  8th  of  Februarj^  probably  left  San  Domingo  about  the  1 9th.  and  was  re- 
ceived here  about  the  28th  of  February.  In  this  Mr.  Perrj'  acknowledges  the  receipt  of  the 
department's  "communications  of  January  7,  October  28,  December  11."      There  was  a 


60  DAVIS    HATCH. 

package  of  dispatches  sent  to  New  York,  which  were  to  have  gone  in  one  trip  of  the  Tybee, 
which,  by  some  miscarriage,  lay  over,  and  they  were  returned  to  the  department  and  sent  by 
a  subsequent  steamer. 

"Your  communications  of  January  7,  October  23,  December  II,  January  15,  and  January 
12,  arrived  by  the  Tybee  on  the  5th  of  this  month.  She  leaves  for  New  York  to-morrow  at 
7  a.  m.  The  communications  relating  to  Davis  Hatch,  now  confined  at  Azua,  have  been 
attended  to.  I  wrote  M.  M.  Gautier,  the  secretary  of  state,  and  he  replied  in  a  very  unsat- 
isfactorj-  manner;  a  copy  of  both  communications  I  inclose  to  you.  He  also  sent  a  copy  of 
the  process  against  Hatch,  but  it  arrived  too  late  this  evening  for  me  to  send  a  translation 
by  this  mail.  I  have  requested  the  release  of  Mr.  Hatch  several  times  since  my  arrival,  and 
the  government  promised  to  comply  with  my  request,  but  they  have  kept  their  word  no  bet- 
ter in  this  matter  than  in  many  otliers." 

Inclosed  in  that  was  a  copy  of  Mr.  Perry's  note  to  Mr.  Gautier,  dated  Sau  Domingo  City, 
February  5,  It-zU,  in  these  words  : 

"SrR:  I  have  several  times  verbally  requested  the  release  of  Mr.  Hatch,  the  American 
citizen  now  confined  at  Azua.  I  have  this  day  received  a'communication  from  the  Depart- 
ment of  State  at  Washington  (a  copy  of  which  I  inclose  to  you)  in  regard  to  this  matter,  and 
it  requests  me  to  use  my  etibrts  to  obtain  his  release.  I  am  also  ordered  to  send  to  Wash- 
ington by  the  first  opportunity  a  copy  of  the  process  against  him.  Will  you  furnish  me  with 
it  ?  I  must  reply  to  the  comuiuuicafion  I  have  received  by  the  steamer  Tybee.  Will  you 
please  inform  me  at  once  what  your  intentions  are  in  regard  to  Mr.  Davis  Hatch  ?" 

It  also  inclosed  Mr.  Gautier's  reply  to  Mr.  Perry,  dated  Sau  Domingo,  February  8,  1870, 
in  these  words : 

''Sir:  I  have  received  your  communication  of  the  oth  instant,  in  answer  to  which  I  in- 
close the  process  concerning  the  cause  of  Mr.  Davis  Hatch.  At  the  same  time  I  must  inform 
you  that  the  government  will  occupy  itself  about  the  solicitude  which  you  have  shown  in 
regard  to  the  said  Mr.  Hatch :  said  solicitude  lias  not  been  resolved  of  ere  this  on  account  of 
the  reasons  which  we  have  explained  to  you  in  different  times. 

"I  take  this  opportunity  to  renew  the  sentiments  of  ujy  most  distinguished  considera- 
tion." 

Q.  That  is  a  translation  of  the  original  .Spanish,  I  suppose? — A.   Ves,  sir. 

By  Mr.  Ferky  : 
Q.  Please  explain  what  is  the  paper  headed  "  Communication  from  Mr.  Feli.\  M.  Del- 
monte  "  at  the  end  of  the  Senate  printed  Executive  Document  No.  54.     It  does  not  appear  to 
be  dated. — A.  I  have  the  original  here  in  Spanish. 

By  Mr.  How.ard: 
Q.  Have  you  the  original  Spanish  of  the  dispatch  from  Mr.  Gautier  to  Mr.  Perry  ? — A.   I 
am  not  sure.     I  directed  the  chief  clerk  to  put  up  all  the  papers  indicated  in  the  letter  which 
I  received  from  the  committee,  but  I  have  not  yet  had  time  to  look  over  the  bundle  of  docu- 
ments very  carefully. 

By  Mr.  Fkrky  : 

Q.  I  supposed,  on  perusal  of  the  paper  to  which  I  called  your  attention,  that  it  was  some- 
thing that  must  have  appeared  in  a  newspaper  .' — A.  No,  it  is  a  paper  of  Mr.  Dcilmonte  com- 
municated in  that  way.  The  instructions  were  to  translate  all  of  it  relatiiig  to  the  loan  and 
to  the  Davis  Hatch  case.  Tliere  is  a  little  newspaper  buncombe  at  tln^  l)cgiiniing  of  it,  I 
believe,  about  Baez,  but  all  timt  related  to  Davis  Hatch  and  to  the  loan  was  directed  to  be 
tran.s!atcii,  and  was  coinmunicated  to  the  Senate,  and  that  is  the  document  referred  to.  Here 
is  the  original  of  it,  (pro(hiciiig  a  paper.) 

By  Mr.  ScinR/, : 

Q.  Is  this  original  signed? — A.  Yes,  sir;  the  letter  transmitting  the  communication  is 
signed  "Felix  Ma.  Dclmonlc." 

Q.  Is  it  a  newsi)a])(;r  article  that  he  communicates  1 — A.  It  is  a  conmnuit  on  newspaper 
articles.  I  see  from  tli(!  nifinorandum  of  the  chief  clerk  that  "Mr.  Perry's  disi)atcn<'s 
numbered  5,  0,  7,  and  'J  are  supposed  to  be,  at  the  Senate  Chamber,  having  been  sent  to  the 
Committee  on  Foreign  Relations."     We  sent  the  orginals  of  several    pa])i;rs  to  Mr.  Sumner. 

By  Mr.  How. mid  : 

Q.  Before  proceeding  with  that  matter,  I  wish  to  ascertain  more  ch^irly  something  in 
respect  to  Mr.  (JHUtiei's  note  to  Mr.  Perry,  dated  February  H,  1H7<».  Di<l  the  original  of 
that  note  from  Mr.  Gautier  come  to  you  I  —  A.  No,  sir ;  not  the  original. 

Q.  A  translation  ? — A.  A  translation.  Whether  a  copy  was  sent  in  the  original  Spanish 
or  a  translation  made  by  Mr.  I'l'iry,  I  do  not  now  remembiu". 

Q.  Are  you  (jiiite  sure  that  a  translation  was  sent  by  Mr.  Perry  ?— A.  I  am  sure  that 
either  a  copy  of  tlie  original  Sjianish  or  a  translation  was  sent  by  Mr.  Perry. 

(Mr.  Perry  states  that  the  original  of  the  note  referred  to,  frca  M.  Gautier  to  himself, 


DAVIS    HATCH.  61 

dated  February  b,  1870,  was  not  sent  to  the  Secretary  of  State  of  the  United  States,  but  a 
translation  was  sent,  which  translation  was  made  by  the  chief  clerk  in  the  Bank  of  San 
Domingo.) 

By  Mr.  Ho\v.\rd  : 
Q.  I  will  now  come  back,  Mr.  Fisii,  to  the  communication  from  Mr.  Feli.'c  Delmonte, 
without  date  and  without  signature,  in  the  printed  document. — A.  The  letter  communi- 
cating it  is  signed  by  Mr.  Delmonte.  What  is  printed  is  simply  an  extract  from  the  paper 
which  accompanied  his  letter.  I  should  like  to  have  Senator  Schurz  translate  Mr.  Delmonte's 
letter  accompanying  the  communication  that  is  printeil,  which  letter  I  have  here  in  the  orig- 
inal Spanish. 

By  Mr.  Schurz  : 

Q.  This  letter  is  addressed,  "  Higlily  respected  General."  To  whom  is  it  addressed  ? — 
A.  My  impression  is  that  it  was  addressed  to  General  Babcock,  but  it  is  not  apparently 
addressed  to  any  one. 

Mr.  ScilURZ  translated  the  letter  as  follows  : 

■'Santo  Domingo,  Februarys,  187ii. 

"  HiGirLY  KESPEC'TKD  GENERAL:  Having  seen  the  calumnies  spread  by  several  articles 
of  the  opposition,  which  our  common  friend.  General  Cazneau  has  the  kindness  to  show  me, 
I  have  written  this  article  which  is  pretty  long,  but  truthful.  It  concerns  the  truthfulness  of 
facts  proved  by  documents.  I  desire  to  write  it  out  in  a  clean  hand,  but  our  friend  had  not 
time  to  wait  for  it.  I  beg  you  to  have  the  kindness  to  translate  it  in  order  to  send  it  to  the 
principal  newspapers  so  that  the  calumnies  can  be  controverted  by  the  truth. 

"  If  you  consider  it  too  long,  I  beg  you  to  have  the  kindness  to  condense  it. 

"  Public  opinion  here  is  unanimous,  aud  it  will  one  of  these  days  have  exi)ressed  the  na- 
tional desire.  I  will  ask  you  to  increase  your  activity  in  order  to  promote  the  general  under- 
standing and  acceptation  of  so  vital  a  question. 

"I  believe  that  the  President  has  written  to  his  excellency  President  Grant,  the  day  on 
which  the  whole  country  will  have  manifested  its  desire  to  belong  to  the  Union. 

"  I  wish  you  may  have  a  good  trip,  and  give  my  affectionate  regards  to  the  worthy  gen- 
erals, Ingalls  and  Sackett,  aud  accept  the  expression  of  my  distinguished  consideration  with 
which  I  subscribe  myself,  Sec, 

"FELIX  MA.  DELMONTE." 

By  Mr.  Ferry: 

Q.  That  letter  accompanied  the  paper  which  is  at  the  end  of  the  printed  document? — A. 
Yes,  sir. 

By  Mr.  Howard  : 

Q.  Did  that  letter  inclose  the  document  ? — A.  Yes,  sir. 

By  Mr.  SCHURZ : 
Q.  That  is  supposed  to  be  addressed  to  General  Babcock  ? — A.  Yes,  sir. 

By  Mr.  Ferry  : 

Q.  Did  General  Babcock  give  it  to  you  ? — A.  I  think  General  Babcock  sent  it  to  me.  He 
was  in  the  habit  of  sending  to  the  State  Department  all  papers  relating  to  this  matter.  I  do 
not  see  on  the  face  of  it  any  indication  whence  it  came  ;  but  from  his  general  communica- 
tions with  the  department,  I  infer  from  the  tenor  of  the  letter  that  it  must  have  coa^e  in  that 
way.  When  the  call  of  the  Senate  came  in  February  last  tor  information  in  regard  to  Davis 
Hatch,  I  ordered  a  translation  of  all  that  portion  of  it  which  related  to  Davis  Hatch  or  the 
loan,  and  the  translation  which  you  see  in  the  printed  document  is  an  extract  from  that 
article. 

Q.  Felix  Delmonte  is  the  Dominican  minister  of  justice,  I  believe  ? — A.  Yes,  sir. 

By  Mr.  Howard  : 
Q.  Part  of  his  communication  is  printed  in  Executive  Document  No.  .^)4,  part  1. — A.  The 
translation  of  all  that  part  of  the  document  which  related  to  the  case  of  Davis  Hatch  and  to 
the  loan.  The  rest  was  apparently  newspaper  buncombe.  This  printed  communication. 
Senate  Executive  Document  No.  54,  brings  down  all  the  correspondence  to  its  date,  aud 
with  the  exception  of  those  dispatches  which  we  could  not  find  this  afternoon  in  the  depart- 
ment, and  the  numbers  of  which  I  have  stated  to  you  from  Mr.  Chew's  memoranduin  as  hav- 
ing been  already  sent  to  the  Senate,  I  have  the  subsequent  correspondence.  The  next  thing 
we  received  from  Mr.  Perry  was  a  telegram 

By  Mr.  Williams  : 

Q.  Before  proceeding  to  that,  can  you  state  why  these  particular  documents  were  sent  to 
the  Senate  and  others  omitted  ? — A.  I  cannot  speak  positively,  but  I  imagine  that  those  I 
did  not  send  in  answer  to  this  call  related  more  particularly  to  the  negotiation  of  the  treaty. 

Q.  Were  they  specifically  called  for  by  anybody? — A.  I  presume  they  were  called  for  by  Mr. 


62  DAVIS    HATCH. 

Sumner.  He  called  for  the  correspondence  on  certain  particular  points,  and  we  selected, 
therefore,  all  that  related  to  the  questions  to  which  he  directed  our  attention.  I  have  now 
gone  througrh  the  printed  document.  After  that  the  next  thing  we  received  was  a  telegram 
from  Mr.  Perry : 

"San  Domingo,  February  20,  1670. 
"Voting  has  commenced  with  much  enthusiasm.     Returns  from  the  interior  and  the  vote 
in  this  city  yesterday,  February  19,  was  unanimous  for  annexation.     Everything  very  quiet 
and  favorable. 

"RAYMOND  H.  PERRY." 

The  next  is  an  \mofficial  communication  from  Mr.  Perry,  addressed  to  me,  dated  Febru- 
ary "20.     I  do  not  suppose  the  committee  want  that. 

Mr.  SCHI'RZ.  Let  us  have  it,  if  there  is  no  objection. 

The  Witness.  This  letter,  which  is  marked  "unofficial,"  is  dated  "  San  Domingo,  Feb- 
ruary 20,  1870,  signed  by  Raymond  H.  Perry,"  and  addressed  to  me.     In  it  he  says  : 

"During  my  otficial  duties  at  this  place  I  have  come  in  contact  with  Mr.  Cazueau  and 
Mr.  Fabeus,  who  are  acting  in  connection  with  General  Babcock.  The  former  represents 
himself  as  the  special  and  confidential  agent  of  the  government,  and  makes  his  boast  that  he 
is  in  direct  communication  with  the  President  of  the  United  States.  The  letters  he  receives 
from  the  Executive  Mansion  he  uses  as  capital  for  himself  and  friends.  I  found  it  necessary 
to  tell  this  man  in  the  jiresence  of  President  Baez  and  his  cabinet,  that  he  was  a  trickster  and 
a  dishonest  man  ;  and  I  have,  since  this  little  affair,  upon  the  ISth  of  this  mouth,  occurred, 
been  assured  by  the  President  and  liis  cabinet  that  they  think  I  am  very  near  the  truth  in 
my  remarks,  and  that  I  have  their  entire  respect  and  coiiti'leuce.  I  do  not  wish  to  trouble 
you  with  any  of  my  private  affairs,  but  when  such  men  as  I  have  mentioned  are  in  corres- 
pondence with  the  departments,  it  is  time  my  government  should  be  informed  of  their  char- 
acter. Referring  to  my  offii'ial  letters, 
"I  am,  »tc." 

Then  there  is  from  Mr.  Perry  a  dispatch  of  February  8,  containing  a  translation  of  Mr. 
Gautier's  letter  in  respect  to  which  you  asked  for  the  original. 

The  next  is  Mr.  Perry's  dispatch  of  12th  March,  as  follows: 

"  CoM-MEKciAL  Agency  of  the  United  States  of  America, 

"  S«n  Domingo  City,  March  12,  1870. 
"  Sir  :  In  further  compliance  witli  your  communication  of  January  12,  No.  (>,  I  have  again 
requested  the  release  of  Mr.  Davis  Hatch,  until  now  confined  at  Azua.  I  have  been  prom- 
ised so  many  times  bis  release,  that  my  last  communications  may  appear  somewhat  siiarp  or 
abrupt.  I  inclose  a  copy  of  them,  vviitten  on  the  8th  and  iltb  of  March,  1870,  and  the  reply 
from  M.  M.  Gaulier,  secretary  of  state.  The  government  of  San  Domingo  has  given  rne 
no  satisfactory  answer,  so  I  referred  the  matter  to  Admiral  Poor,  who  is  at  this  port.  Ko 
demanded  his  release  yesterday,  the  lltli,  and  an  order  from  this  government  has  been  for- 
warded to  Azna  for  his  surrender  to  this  consulate,  in  order  that  he  may  take  passtige  on 
the  Spanish  steamer,  riu  Havana,  for  New  York,  which  steamer  will  probably  leave  here 
on  the  20th  of  this  ninnth. 

"  1  have  written  the  circumstances  connected  with  the  confinement  of  Mr.  Hatch,  in  my 
last  communication  to  your  department ;  they  maybe  traced  back  several  years.  I  think 
it  unnecessary  for  me  to  repeat  them,  as  this  question  is  settled.  Hoping  that  my  action  will 
prove  satisfactory  to  the  department, 

"  I  am,  sir,  very  respectfully,  your  obedient  .servant, 

"RAYMOND  H.  PERKY. 

"  Unttcd  States  Cunimcrcial  Agent. 
"Hon.  Hamieton  Fish, 

"  Sixritary  of  Slal<\   li'iisliington,    D,   C" 

By  Mr.  ,S(  iiirt/, : 

Q.  What  dispiifch  does  he  refer  to  in  which  ho  had  e.xjjlained  the  circumstances  of  Mr. 
Hatch's  case  .' — A.  He  says,  "  in  my  last  communication  to  your  department."'  This  dis- 
patch is  No.  III.  No.  '.•  is  oiui  of  tliose  whicii  are  not  now  iu  the  dej)artment,  but  with  the 
Committee  on  Foreign  Relations. 

[Mr.  Pekrv  staling  that  he  had  his  original  dispatch-book,  containing  dispatch  No.  9,  wa.s 
asked  to  read  it,  and  did  read  it  as  follows  : 

"  Uji  to  the  dale  of  my  last  communication,  No.  8,  political  matters  were  as  I  stated  them. 
Since,  then  they  liavi;  liiken  a  sudilen  change  ;  riiporis  of  eli-ction.s  and  proiiiiiiciamientos 
corning  in  from  all  parts  of  tlie  i.tbmd.  An  election  was  iield  in  this  city  ye.sterday,  the  I9th 
of  Fel>ruary.  Seven  hundr<td  votes  were  taken,  ami  the.  I'resident,  Baez,  informs  me  with 
but  one  ojiposing  vote.  The  cair-^e  for  this  sudden  ehang(%  since  my  last  communication,  is 
that  President  Baez  Las  been  xrry  slow  and  timid.     The  people  have  been  anxious  for  the 


DAVIS    HATCH.  63 

step  to  be  taken.  The  protection  and  time  allowed  to  President  Baez  for  this  step  is  grow- 
ing short.  It"  the  United  States  ships  were  withdrawn  he  could  could  not  hold  the  reins  of 
this  government.  I  have  told  him  this,  and  that  my  government,  the  United  States,  were 
awaiting  the  expression  of  his  people,  and  that  the  former  would  not  act  without  the  latter. 
Everything  at  present  is  working  very  favorably.  Cabral  has  left  the  frontier  of  this  gov- 
ernment and  everything  is  quiet.  The  United  States  steamer  Swatara,  present  commander 
W.  W.  Allen,  arrived  the  I'Jth  from  New  York.  I  received  copies  of  telegrams  from  Havana 
between  the  Department  of  Scate  at  Washington  and  American  consul  Hall.  Have  not 
heard  of  or  from  Admiral  Poor  since  ho  left  Key  West  for  Port  au  Prince.  We  think  he  is 
at  the  latter  place. 

"Please  find  inclosed  late  San  Domingo  papers,  relating  to  the  annexation;  inclosed 
communicaiion  relating  to  Hatch,  and  situation  of  island,  from  M.  M.  Gautier."] 

Mr.  ScilURZ  (to  Mr.  Fish  :) 

Q.  Have  you  that  inclosure,  the  communication  from  Gautier? — A.  It  must  be  with  No 
9.  I  think,  however,  the  reference  in  the  dispatch  wliich  I  read  is  probably  to  No.  8,  which 
I  see  has  reference  to  something  in  regard  to  Mr.  Hatch.     Part  of  No.  8  is  printed. 

Q.  Will  you  please  read  the  whole  of  that  dispatch  ? — A.  It  is  as  follows  : 

"  San  DOiMiNGO  City,  Fchrunry  8,  1870. 

"Sir:  Your  communications  of  January  7,  October  28,  December  11,  January  15,  and 
January  12,  arrived  by  the  Tybee  on  the  5th  of  this  month.  She  leaves  for  New  York  to- 
morrow at  7  a.  m.  The  communications  relating  to  Davis  Hatch,  now  confined  at  Azua, 
have  been  attended  to.  I  wrote  M.  M.  Gautier,  the  secretary  of  state,  and  he  replied  in  a 
very  unsatisfactory  manner ;  a  copy  of  both  communications  I  inclose  to  you.  He  also 
sent  a  copy  of  the  process  against  Hatch,  but  it  arrived  too  late  this  evening  for  me  to  send 
a  translation  by  this  niail.  1  have  requested  the  release  of  Mr.  Hatch  several  times  since 
my  arrival,  and  the  government  promised  to  comply  with  my  request,  but  they  have  kept 
their  word  no  better  in  this  matter  than  in  many  others. 

"  I  do  not  like  to  express  my  own  opinion  too  freely,  and  would  not  but  from  a  sense  of 
duty.  Cazneau  and  Fabens  luive  used  their  influence  to  keep  him  where  he  is  for  certain 
selfish  and  financial  reasons  known  to  themselves,  and  President  Baez  is  only  too  willing 
to  be  influenced  by  them.  These  two  men  are  the  individuals  of  whom  I  have  previously 
hinted  as  being  connected  with  General  Babcock  in  his  negotiations  for  Samana  Bay,  &c. 
They  receive  pi  ivate  letters  from  the  Executive  Mansion  at  Washington  which  they  display 
here.  President  Baez  has  intimated  to  Captain  Bunce  (of  the  Nantasket)  and  my.self  that 
he  will  not  have  an  election  taken  for  annexation  until  after  our  government  has  acted  upon 
this  matter,  and  daily  remarks  that,  the  United  States  government  has  not  kept  its  promises 
to  send  men-of-war  to  their  coast.     He  seems  very  timid  and  lacks  energy. 

"I  write  thus  plainly  because  I  do  not  think  the  Dominican  government  is  acting  honora- 
bly in  this  matter,  and  it  is  time  the  department  knew  how  matters  stand.  I  have  thought 
what  I  have  now  written  for  some  time,  but  I  supposed  it  was  perhaps  prejudice. 

"Since  the  return  of  the  Nantasket  from  Azua,  where  she  went  with  President  Baez  and 
several  of  his  cabinet,  I  have  had  an  interview  with  Captain  Bunce,  and  he  is  of  the  same 
opinion  as  myself  in  regard  to  matters  here,  and  told  me  he  should  express  himself  thus  to 
the  Navy  Department 

"  I  inclose  quarterly  returns  and  will  forward  quarterly  accounts  by  next  mail. 
"  1  am,  sir,  most  respectfully,  your  obedient  servant, 

"RAYMOND  H.  PERRY, 
"  United  Slates  Commercial  Agent.'" 

The  next  is  a  dispatch.  No.  11,  from  Mr.  Perry,  dated  March  11, 1870.  It  relates  entirely 
to  commercial  matters  connected  with  his  office,  and  has  nothing  to  do  with  the  case  of  Davis 
Hatch  or  political  matters  in  San  Domingo. 

His  dispatch.  No.  12,  was  dated  March  12,  and  is  as  follows: 

"Commercial  Agencv  of  the  Uniteo  State.s  of  America, 

''San  Domingo  City.  March  12,  1870. 

"Hon.  Hamilton  Fish,  Secretary  of  State,  Washington,  D.  C.  : 

"I  sent  you  a  telegram  by  Spanish  steamer,  via  Havana,  informing  the  department  that 
voting  for  annexation  to  the  United  States  had  commenced  with  much  enthusiasm.  The 
voting  in  all  parts  of  the  island  is  unanimous;  there  remains  but  one  place  to  be  lieard  from, 
that  is  Puerto  Plata,  and  President  Baez  informed  nie  this  evening  that  he  had  unofficial 
information  from  that  place  that  the  majority  for  aimexation  was  very  stroug. 

"The  Severn  lies  at  this  port;  the  Swatara  left  for  Samana  the  Uth  ;  the  Nantasket  goes 
to  Puerto  Plata  to-morrow,  the  13th;  the  Yantic  lies  in  the  river  at  this  city.  Admiral 
Poor,  on  board  the  Severn,  is  expected  to  remain  at  this  port  for  some  time.    Everything  is 


64  DAVIS    HATCH. 

very  quiet  at  present  throughout  the  country.     There  was  a  rumor,  a  few  days  since,  that 
Cabral  was  assembling  some  men  on  the  Haytien  border;  but  his  attempts  are  futile 
"  There  is  a  French  man-of-war  reported  at  Samana  Bay. 
"I  am,  sir,  very  respectfully,  your  obedient  servant, 

"RAYMOND  H.  PERRY, 
"  United  States  Commercial  Agent." 

Accompanying  this  letter,  and  on  the  same  sheet  with  it,  was  the  following,  marked 
"unofficial  and  private: " 
"To  Hon.  Hamilton  Fish,  Secretary  of  State,  Washington,  D.  C  : 

"Sir:  There  is  at  times  much  excitement  in  this  city,  as  the  opposition  to  annexation  is 
stronger  here  than  any  part  of  the  island.  There  was  a  well-organized  plan  a  few  nights 
since  to  get  possession  of  the  arsenal,  rob  the  treasury,  and  assassinate  the  President,  (Baez.) 
Many  of  the  leaders  were  arrested,  and  are  now  confined  ;  some  of  them  officers  ;  two  are 
generals  in  the  Dominican  army.  This  may  be  of  little  importance  ;  but  it  was  of  sufficient 
importance  for  the  president  and  members  of  his  cabinet  to  request  me  not  to  write  it  to  my 
government.  I  only  know  my  duty,  and  that  is  to  keep  nothing  secret  from  my  goveru- 
ment. 

"I  am,  sir,  very  respectfully,  your  obedient  servant, 

"RAYMOND  H.  PERRY, 
"  United  States  Commercial  Agent." 

There  is  also  accompanying  this  same  dispatch  a  note  to  Mr.  Perry  from  Mr.  (lautier,  as 
follows : 

[■'Copy  and  trauslatioii.] 

"San  Domingo,  March  12,  1870. 
"My  DEAJi  SIR  :  It  is  with  feelings  of  satisfaction  that  I  inform  you  the  acts  of  the  voting 
throughout  the  interior  has  been  received,  except  Puerto  Plata,  and  they  manifest  the  desire 
to  become  part  of  the  great  republic  of  the  United  States. 

"The  acts  at  Puerto  Plata  will  soon  be  ascertained,  and  are  coming  now.     The  result  of 
the  votes  will  be  speedily  communicated  to  the  United  States. 
"I  am,  with  much  consideration. 

"M.  m.  gautier. 

"  Raymond  Perry,  Esq." 

There  is  also  accompanying  it  a  newspaper,  (El  Boetin  Oficial,)  "  with  important  speeches 
of  members  of  the  cabinet,  generals,"  &c.,  in  Spanish. 

The  next  dispatch.  No.  I'.i,  was  dated  March  12,  addressed  by  Mr.  Perry  to  me,  and  is  as 
follows : 

"Commercial  Agency  of  the  Uniti-.d  Statks  of  America, 

"  <SV//i  Domingo  City,  March  12,  1H70. 
"  Sir:  Not  being  in  my  usual  good  liealth,  and  desiring  to  take  my  family  to  the  States, 
I  ask  for  a  leave  of  absence,  to  be  taken  at  any  time  from  now  and  by  the  first  of  June.  I 
will  leave  a  thoroughly  responsible  gentleman  in  charge  of  my  consular  duties.  I  take  a 
great  interc^st  and  j)ri(le  in  sustaining  iIh!  rcputatiou  of  a  good  servant  to  my  government, 
and  were  it  not  for  existing  circum.stauces  1  would  not  ask  permission  to  visit  the  Nortli  at 
presi'nt. 

"  I  trust  my  rcfjuest  will  receive  a  satisfactory  reply. 

"I  am,  Hir,  very  respectfully,  your  obedient  servant, 

"RAYMOND  H.  PERRY, 
"  Uniliil  Stalls  Commercial  Agent. 
"  Hon.  Hamilton  Fish, 

"  Secretary  of  Slalr,   Hasliinglon,   D.  C." 

No.  14  was  dated  March  17,  and  is  as  follows  : 

"CoMMEiu  lAL  Agi;n<v  of  Till'.  Unii'f.I)  St.\i'es  of  America, 

"  San  Domingo  City,  March  17,  1H70. 
"Sir:  The  Vantic  sails  for  Havana  with  rtlnins  of  the  election  for  annexation,  «&C. 
Referring  to  my  cominiuiications  to  tlif  depurlmcnt,  forwarded  per  steamer  'i'ybee,  of 
the  I2tli  iustaiii,  nuiiihficd  II,  12,  ami  l:!,  1  iiav<!  now  to  inform  you  that  Mr.  Davis  Hatch 
has  been  <ii;liv(;red  to  this  consulate  this  day,  and  .sails  on  the  Vantic.  for  Havana  this  eve- 
ning by  order  of  Admiral  Poor.  I  also  inclose  a  translated  copy  of  the  charges  preferred 
against  Mr.  Hatch. 


DAVIS    HATCH.  65 

"  I  he^  to  call  the  attpntioii  of  the  dcpartmont  to  my  application  for  leave  of  absence,   if 
compatible  witli  my  duties,  iu  order  that  I  may  visit  Wasliiug'toa. 
"  I  am,  sir,  very  respectfully,  your  obedient  servant, 

"RAYMOND  H.  PERRY. 
"  United  States  Commnrciul   Agent. 
"Hon.  Hamilton  Fisk, 

"  Secretary  of  Slate,  If'ashington,  D.  C." 

By  the  Chairman  : 

Q.  Is  the  inclosure  containing  the  charges  against  Mr.  Hatch  there  .' — A.  I  have  that  doc- 
ument here. 

The  document  is  as  follows  : 

[Coat  of  arras  of  the  Dominican  Republic] 

"VALENTIN   RAMIREZ    BAEZ,  GENERAL    OF    DIVISION   AND    DELEGATE    OF    THE   GOVERN- 
MENT IN  THE  PROVINCE  OP  AZUA,  NUMBER  13-^4. 

"AzuA,  August  30,  1869. 

"Citizen:  According  to  what  is  learned  from  the  proceedings  initiated  in  consequence 
of  the  occupation  of  Barahona  by  the  governmimt  troops,  relative  to  the  deeds  committed  in 
said  place  during  the  permanence  of  the  rebel  party,  Mr.  Davis  Hatch,  a  foreigner,  is  found 
culpable  of  participation  with  said  faction  against  the  legitimate  government.  Inconsequence 
thereof  his  imprisonment  has  been  ordered,  and  he  actually  tiuds  himself  on  board  the 
schooner  of  war  Alta  Gracia  as  such.  Therefore,  without  further  delay,  you  will  attend  to  the 
preparatory  proceedings  agaiust  such  gentleman,  in  order  to  continue  them,  and  to  bring 
to  an  illustration  his  deeds  ;  and  to  that  effect  you  will  summon  the  following  citizens  to  de- 
clare, viz :  Elias  Ramirez,  Francisco  Ferrera,  Santiago  Talavera,  and  all  others  who  might 
declare  against  said  Hatch,      God  and  liberty. 

"V.  RAMIREZ  BAEZ. 

"  Citizen  Commander  of  Arms  at  Azua. 

"DOMINICAN   REPUBLIC. 

"  In  the  city  Compostela  de  Azua,  on  the  13th  day  of  August  of  the  j'ear  1869,  the  twenty- 
sixth  of  our  independence,  seventh  of  the  restauration,  and  second  of  the  regeneration,  it 
being  12  m.  Wo,  Jose  Maria  Rodriguez,  army  general  and  commandant  of  arms  of  this 
city,  assisted  by  our  secretary,  and  fully  installed  in  our  office,  and  having  at  sight  the 
official  note  of  the  citizen  general  and  delegate  of  the  government  in  this  province,  bearing 
date  of  the  3Uth  of  the  present  month,  No.  I3'24,  in  which  it  is  ordered  that  legal  proceedings 
should  be  initiated  against  the  foreigner,  Davis  Hatch,  for  being  culpable  of  participation 
with  the  faction  agaiust  the  legitimate  government  iu  the  process  formed  for  the  inquiry  of 
the  deeds  which  took  place  in  the  towu  of  Barahona,  in  consequence  thereof,  we  initiate 
the  present  verbal  process,  and  do  ordain,  by  means  of  summons,  the  presence  of  the  follow- 
ing citizens :  Elias  Ramirez,  Francisco  Ferrera,  Santiago  Talavera,  and  Guillermo  de  la 
I'az,  that  they  might  be  questioned.  So  it  was  ordered  and  signed  by  the  general  com- 
mander of  arms  and  his  secretarv,  who  certifies. 

"JOSfi  MARIA  RODRIGUEZ, 
"  GALO  MONZON,  Stcrcto-j/. 

"  On  the  same  date,  a  man  appealed,  whose  name  will  be  hereafter  stated,  and  after  being 
sworn,  was  asked  for  his  name  and  surname,  age,  civil  staiiding,  profession,  and  place  of 
residence.  He  answered  that  his  name  was  Santiago  Talavera;  of  thirty-six  years  of  age  ; 
a  bachelor;  a  merchant;  a  resilient  of  the  town  of  Barahona,  and  accidentally  in  this  city. 
"  Asked  :  What  information  can  you  give  us  of  the  conduct  observed  by  Mr."  Davis  Hatch 
during  the  permanence  of  the  faction  in  the  town  of  Barahona  ?  —Answered  :  That  all  he 
can  say  respecting  the  question  made  him  is,  that  all  the  resources  brought  to  the  faction 
from  abroad  were  deposited  iu  Mr.  Hatch's  house,  and  that,  moreover,  he  had  seen  several 
times  that,  from  the  ammunitions  of  war  which  were  deposited  iu  another  house  by  the  faction, 
powder  and  lead  were  taken  to  Mr.  Hatch's,  and  there  manufactured  into  cartridges.  He 
moreover  stated  that  when  the  connnaudant  of  arms  and  the  administrator  had  to  make 
a  payment,  they  drew  a  bill  iu  favor  of  the  creditor,  which  was  paid  by  the  aforesaid  Hatch, 
and  that  is  ail  he  knows  and  can  declare  on  the  oath  he  had  given.  And  after  having  read 
him  his  declaration,  he  said  he  was  satisfied,  and  signed  with  us,  the  commandant  of  arms 
and  the  secretary,  who  certifies. 

"SANTIAGO  TALAVERA. 

"JOS£  MARIA  RODRIGUEZ. 

"  GALO  MONZON,  Secretary. 

S.  Eep.  234 5 


66  DAVIS    HATCH. 

"Immediately  after,  we  had  another  man  appear,  whose  name  we  shall  hereafter  state,  and 
his  oath  bein^  taken,  was'questioned  in  the  followinof  manner: 

"Asked:  His  name  and  surname,  age,  civil  standing,  profession,  and  place  of  residence, 
the  number  of  the  battalion,  company,  and  reijiment,  and  if  he  were  in  any  woy  a  relative 
to  Mr.  Davis  Hatch. — Answered  :  That  his  name  was  Francisco  Ferrero  ;  of  sixteen  years 
of  acje  ;  a  sinc^le  man  ;  a  farmer  by  trade  ;  domiciliated  in  Barahoua,  and  a  resident  of  a  place 
called  Juan  Estevau;  that  he  belonged  to  no  corps,  nor  was  he  iu  anyway  related  to  the 
aforesaid  Hatch. 

"  Asked  :  What  knowledge  have  you  of  the  conduct  observed  by  Mr.  Davis  Hatch  during 
the  permanence  of  the  faction  in  the  town  of  Barahona  ? — Answered  :  That  while  the  rebels 
occupied  Barahona,  he  observed  that  the  goods  and  flour  brought  them  from  abroad  were 
deposited  in  the  house  of  Mr.  Davis  Hatch,  and  from  where  clothing  was  taken  out  to  be  di- 
vided among  the  troops,  as  was  also  flour,  in  order  to  make  bread,  he  not  knowing  the  cause 
of  such  proceedings. 

"  Asked  :  Doyou^know  whether  Mr.  Davis  Hatch's  home  served  also  as  a  deposit  of  arms  or 
ammunitions  of  war  to  the  insurgents  ? — Answered  :  That  the  armament  was  kept  in  a  dif- 
ferent house ;  and  that  from  there  quantities  of  powder  and  lead  were  taken  to  the  house  of 
Mr.  Davis  Hatch,  where  they  were  manufactured  into  cartridges.  That  was  all  he  knew 
and  could  say  on  the  oath  he  had  taken. 

"  And  after  having  read  him  his  declaration,  he  said  ho  was  satisfied,  not  signing  it,  for 
not  knowing  how  to  write,  we  doing  it  in  his  stead,  the  commandant  of  arms  and  the  secre- 
tary, who  certifies. 

"  J0SI5  MARIA  RODRIGUEZ. 
"GALO  MONZON,  Secretary. 

"  Immediately  after,  a  man  was  made  to  appear,  and  whose  name  will  be  hereafter  stated, 
and  having  been  taken  on  oath  was  questioned  as  follows  : 

"Asked:  His  name  and  surname,  age,  civil  position,  profession,  and  residence,  number 
of  battalion,  company,  and  regiment.  —  Answered:  That  his  name  was  Guillermode  la  I'az  ; 
nineteen  years  of  age;  a  single  man  ;  and  by  tiade  a  farmer  ;  domiciled  iu  Barahona,  and 
a  resident  iu  the  place  called  Cabailero;  soldier  of  tiie  Caclion  company. 

"  Asked  :  What  do  you  know  of  the  conduct  observed  by  Mr.  Davis  Hatch  during  the 
permanence  of  the  rebels  in  Barahona? — Answered:  That  all  he  knows  respecting  the 
question  made  him  is,  that  all  the  goods  brought  from  abroad  for  the  insurgents,  such  as 
flour,  rice,  hats,  and  dry  goods,  were  all  deposited  in  the  house  of  Mr.  Davis  Hatch,  and 
from  there  taken  as  they  were  needed. 

"Asked:  Where  did  the  insurgents  deposit  their  arms  and  ammunitions  of  war? — 
Answered  :  That  the  muskets  and  lead  were  kept  in  the  house  of  Mr.  Agustin  Canil/ier,  and 
that  the  powder,  brought  in  barrels,  was  at  the  house  of  Mr.  Davis  J  latch,  afti'r  liaving 
been  brought  froui  the  place  where  were  to  be  found  the  nuiskets  and  lead,  which  operation 
was  done  in  order  to  manufacture  cartridges,  as  it  was  cusfonuuy  to  see  tlie  ammunitiuu 
already  prepared  taken  i'rom  the  house  of  the  above  mentioned  Hatch.  That  all  he  had  de- 
clared was  notliing  but  the  truth  in  accordance  with  the  oath  taken. 

"And  after  this  declaration  was  read  to  him  Iu;  stated  that  he  was  satisfied,  and  as  he  could 
not  sign  it,  for  being  unable  to  write,  we  did  so  fur  him,  tlie  commandant  of  arms  and  the 
secretary,  who  certifies. 

"JOSfi  MARIA  RODRIGUEZ. 
"GALO  MOiNZON,   Secretary. 

"In  the  city  of  Augusta,  on  the  2d  day  of  the  month  of  September,  of  the  year  ]8()1), 
twenty  sixth  nf  tiie  in(lei)cn.lence,  seventh  of  the  restauration,  and  second  of  the  regenera- 
tion, at  12  m.,  we,  Jok';  Maria  Rodrigiuz,  comnumding  geniMii!  of  arms  of  this  city,  assisted 
by  our  secretary,  and  fully  installeil  in  our  office,  a  man  app(^•lre(l,  wluisc  name  we  shall 
liereafter  state,  and  who,  having  been  fallen  on  oath,  was  ((uestioned  in  the  following 
laanner : 

"  Asked  :  His  name  and  surname,  age,  civil  standing,  ])rofessioii,  domicil,  military  degree, 
number  of  battalion,  company,  and  ri-giment,  and  if  he  was  in  any  wiiy  according  to  law 
related  to  Mr.  Davis  Hatch? — Answered:  That  he  is  named  Klins  Raniiie/,,  of  ihiity-cight 
years  of  age,  a  single  man,  a  breeder  of  cuttle  by  trade,  do!niciliat('(l  in  the  tnwn  nf  Barniiona  ; 
that  lie  is  not  a  military  man,  and  that  he  is  in  no  way  ci)iiiiccle<l  with  tiie  gentleman 
allndc'd  ti>  in  the  (luestion  just  made  him. 

"  Asked  :  What  kTiowledge  liavc  you  of  tin;  conduct  obsiMved  by  Mr.  Davis  Hatch  during 
the  perinaneiK-e  of  tlie  insurg(;nts  in  the  town  of  Baraliona? — Answi-ied  :  'I'hat  all  lie  knows 
is  that  Mr.  Hatch's  house  wa.s  the  place  wiiere  Cicneral  C'ahral  made-  it  a  custom  to  lodge  at, 
and  that  he  knows,  moreover,  that  from  there  the  insurgent  troops  were  provided  with 
goods. 

"Asked:  Do  you  know  which  was  the  de|)ositofarnifl  and  ammunitions  of  war  of  the  insur- 
gents ? —  Answered:  That  one  day  when  he  was  conveyi'd  a  pris(Uier  to  a  place  called  Kincon, 
saw  a  convoy  with  ammunitions  of  war  leaving  the  liouse  of  Agustin  C'ambier,  with   direc- 


DAVIS    HATCH.  67 

tion  to  the  same;  place  where  he  was  taken  as  a  prisoner,  and  tliat  aftiT  he  arrived  there  ho 
heard  say  that  eartridjjes  were  manufactured  at  the  iiouse  of  Mr.  Davis  Hatch.  That  that 
was  all  he  knew  and  could  say  on  the  oath  he  had  ji^iven. 

"And  after  tiiis  declaration  was  read  him,  he  expressed  his  satisfaction,  signing  with  us  the 
comniander  of  arms  and  the  secretary,  who  certifies. 

"ELTAS  RAMIREZ. 

"  JOSfi  MARIA  RODRIGUEZ. 

"  GALO  MONZON,  Secretary. 

"  Under  same  date  a  man  appeared,  whose  name  we  shall  hereafter  state,  who,  after  having 
been  sworn,  was  questioned  in  tiie  following  manvu'r  : 

"  Asked  :  His  name  and  surname,  age,  civil  standing,  profession  and  domicile,  and  if  he 
was  iu  any  way  connected  by  law  to  Mr.  Davis  Hatch? — Answered  :  His  name  was  Sin- 
foroso  Batista;  thirty-four  years  of  age;  a  single  man  :  a  merchant  by  trade  ;  domiciled  in 
Barahnna  ;   and  that  he  was  iu  no  way  connected  with  Mr.  Davis  Hatch. 

"  Asked  :  What  do  you  know  respecting  the  conduct  observed  by  Mr.  Davis  Hatch  during 
the  stay  of  llie  rebels  iu  the  town  of  Baraliouaf — Answered  :  That  when  the  rebels  arrived 
at  said  place,  several  rebel  chiefs  lodged  thesnselves  iu  the  house  of  Mr.  Hatch,  and  that 
wheti  tliey  received  ammunitions  of  war,  suc-.h  as  goods  and  provisions,  these  were  deposited 
in  the  said  house,  though  the  powder  aud  lead  were  deposited  in  another  house  and  from 
there  brought  to  that  of  Mr.  Davis  Hatch,  in  order  that  they  might  be  manufactured  into 
cartiidges.     That  that  was  all  lie  knew  aud  could  say  on  the  oath  he  had  taken. 

"  And  after  this  declaration  was  read  him,  he  expressed  himself  satisfied,  signing  with  us, 
the  general  comJfender  of  arms  and  secretary,  who  certifies. 

"  SINFOROSO  BATISTA. 
"JOSE  MARIA  RODRIGUEZ. 
"  GALO  MOJSZON,  Secretary. 

"  In  the  city  of  Azua,  on  the  3d  day  of  September,  in  the  year  1869,  twenty-sixth  of  the  in- 
dependence, seventh  of  the  restauration,  and  second  of  the  regeneration,  at  12  m.,  before  us, 
Jose  Maria  Rodriguez,  general  conunander  of  this  city,  assisted  by  our  secretary  aud  duly 
installed  iu  our  office,  a  man  was  made  to  appear,  whose  name  we  shall  hereafter  state,  and 
who  was  questioned  as  to  the  following  : 

"  Asked  :  His  name  and  surname,  age,  civil  standing,  profession,  and  residence. — An- 
swered :  His  name  is  Davis  Hatch,  of  fifty-six  years  of  age  ;  married  ;  a  merchant  by  trade  ; 
domiciliated  aud  a  resident  in  the  town  of  Harahoua. 

"Asked:  By  what  motives  do  you  find  yourself  arrested,  or  do  you  presume  that  yoa 
are? — Auswered :  Tliat  he  ignores  the  motives  of  his  deteutiou,  aud  inasmuch  that  he  had 
not  been  warned  of  it. 

"  Asked  :  The  motive  of  your  arrest  being  the  partiality  shown  to,  and  your  connivance 
with,  tlie  rebels  during  their  permaueuce  or  stay  iu  Barahoua,  tell  us  what  reasons  induced 
you  to  lend  your  aid  to  the  faction  .' — Answered :  That  he  has  been  impartial  to  both  par- 
ties, protecting  neither. 

"Asked  :  How  could  you  have  been  impartial  to  both  parties,  wlien  by  several  declarations 
received  at  this  office  we  see  that  your  house  of  habitation  was  a  place  where  the  faction  de- 
posited their  merchandise  and  provisions,  as  well  as  were  ctirtridges  uuinuf'actured  for 
the  war? — Auswered  :  That  when  the  steamer  Telegrafo  arrived,  he  particularly  invited  his 
friends,  Messrs.  Valverde,  Pujol,  and  Curiel,  to  lodge  iu  his  house ;  but  that,  after  this  had 
taken  place,  the  reuiaining  chiefs  took  possession  of  his  house,  doing  as  they  pleased,  makiu«- 
use  of  its  interior  apartments  as  well  as  of  its  accessories  ;  that  he  could  not  prevent  it 
because,  though  it  was  done  against  his  will,  yet  lie  had  no  power  to  compel  them  to  act 
otherwise;  and  that  iu  consequence  be  protested  against  them,  which  protest  resulted  in  a 
disagreement  between  his  three  frieuds  and  General  Marcos  Adon,  and  from  which  cause 
the  latter  abandoned  that  place  :  that  after  that  eveut  all  his  troops  retired,  as  did  also  the 
aforementioned  Valverde,  Curiel,  and  Pujol. 

"  Asked  :  There  is  a  witness  who  declares  tliat  when  the  commander  of  arms,  or  the  rebel 
administrator,  desired  to  make  a  paymeut,  the  order  was  delivered  to  an  individual,  and  it 
was  paid  by  you;  what  can  you  answer  to  this' — Answered:  That  what  has  been  asked 
him  is  false;  that  he  had  never  honored  such  orders,  nor  received  any  kind  of  drafts  from 
the  faction  ;  aud  that  the  truth  is,  that  sometimes  individuals  with  whom  he  carried  ou  the 
mahogany  business  would  present  themselves  with  a  promissoiy  note,  which  they  had  re- 
ceived from  the  insurgents,  and  as  a  matter  purely  commercial,  and  iu  order  to  favor  his 
customers  in  mahogany,  he  did  accept  sa'd  notes  at  a  discount. 

"Asked  :  In  what  sense  did  the  chiefs  of  the  insurgents  issue  their  notes  ? — Auswered  : 
That  said  notes  expressed  the  object  taken  from  the  individual,  as  v.  ell  as  the  sum  of  its 
value  and  its  inversion  among  the  troops. 

"Asked;  Did  you  recognize  as  legitimate  the  government  of  the  authorities  that  issxied 
said  notes  ? — Answered  :  That  he  had  accepted  those  chiefs  not  as  government  but  as  au- 
thorities, and  that  under  this  cousideration  he  had  no  difficulty  iu  trading,  particularly  with 
bis  mahogany  customers  ;    tliat  as  he  had  seen  six  revolutio'us  aud  equal  changes  of  gov- 


68  DAVIS    HATCH. 

ernment  in  four  years,  more  or  less,  and  the  present  one  being  for  more  than  three  months, 
occupying  in  quiet  possession  a  great  extent  of  territory  as  that  from  Petit  Frou  to  San 
Juan,  receiving  constantly  means  from  abroad  as  well  as  via  San  Juan,  and  not  receiving 
any  news  from  or  about  the  government,  he  believed  it  to  be  a  settled  question,  and  for 
that  reason  considered  those  chiefs  as  authorities,  as  he  had  before  stated 

"Asked  :  What  kind  of  money  did  the  notes  you  negotiated  express  ? — Answered :  That 
they  were  issued  for  hard  money. 

"  Asked  :  Against  which  treasury  were  they  drawn  ? — Answered  :  Against  none,  that  they 
were  simple  promissory  notes. 

"Asked  :  As  a  stranger,  and  obsei-ving  such  conduct,  did  you  not  consider  you  would  com- 
promise yourself  with  the  government? — Answered  :  That  as  he  had  acted  in  a  similar  man- 
ner during  the  revolution  that  brought  abont  the  fall  of  Cabral,  he  never  thought  he  could 
incur  in  any  trouble  whatever  in  the  present  one,  when  his  posterior  negotiations  with  Gen- 
erals Touias  Sepiilveda  alias  Lane,  and  Autouio  Cuello  alius  Bias,  were  accepted  by  Gen- 
eral Valentine  Ramirez  Baez  himself. 

"In  this  manner  the  proceedings  were  suspended,  in  order  to  be  continued  afterward,  if 
necessary,  and  after  his  declaration  Avas  read  to  him,  he  expressed  himself  satisfied,  and 
would  sign  it,  notwithstanding  the  absence  of  his  consul,  it  being  a  necessary  requisite  to 
declare  a  settlement,  according  to  the  treaty  existing  between  the  Dominican  government 
and  the  American  nation,  to  which  he  belongs,  reserving  the  rights  that  said  treaty  might 
concede  him. 

"DAVIS  HATCH. 

"J0S12  MARIA  RODRIGUEZ. 

"GALO  MONZCm,  Secretary. 

"I'rocedure, 

"Having  received  all  the  declarations  necessary  for  the  initiation  of  the  present  process, 
consisting  of  eight  written  pages,  we  closed  this  that  it  might  be  sent  to  the  citizen  general 
and  delegate  of  the  government  in  this  province,  t(j  attend  to  the  diffenmt  acts  that  may 
hereafter  take  place.  Thus  it  was  ordered  and  signed  by  the  general  commandant  of  arms 
and  the  secretary',  who  certifies. 

"J0S15  MARIA  RODRIGUEZ. 
"GALO  MONZON,   Secretary. 

"I,  the  undersigned,  secretary,  certify  that  I  have,  on  this  date,  delivered  to  the  citizen 
general  and  delegate  of  the  government  in  this  province  the  aforesaid  process. 

"GALO  MONZON, 

"  Sicretary. 
"  AzUA,  September  3,  1-869. 

"  Procedure. 

"llavir)g  perused  and  examined  the  aforesaid  process  against  Mr.  Davis  Hatch,  per- 
mitted to  pass  the  same  to  the  citizen  the  minister  of  war,  that  he  may  act  in  accordance  to 
law. 

"VALENTINE  RAMIREZ  BAEZ. 
"  FELIX  MARTINEZ,  Secretary. 
"  AzUA,  September  1,  18(59. 

"There  is  a  seal,  on  which  is  stamped  "God,  country,  and  liberty." 

"No.  1026.  "Dominican  Ri-.i'iJiii.io, 

"Skckktaky  of  State's  Okimci;  kok  Waii  and  Navy, 

"  S(in  Dumiiiiso,   Sipleihber  i-i,  1809. 

"  ClTl/.KN  :  Annexed  you  will  find  a  process  initiated  by  the  citizen  coiiimandiint  of  arms 
of  A/ua  against  Mr.  Davis  Hutch  who  finds  liiiiiself  arrested  in  this  city,  and  having  been 
remitted  with  tin;  aforesaid  jiroccss  by  Geueial  \'ulentine  Riiniircv,  Hacz,  delegate  of  the 
government  in  the  jirovince  of  Azua,  with  the  oliject  tliat  Mr.  Davis  Hutch,  as  an  American 
citizen,  may  dechire  befoie  his  consul.  So  3'ou  will  jjroceed,  assisted  iiy  your  secretary,  in 
the  capacity  of  instrneting  judge  ad  interim,  that  liis  declaration  might  Ije  taken  at  7  o'clock 
in  the  morning  of  the  1  Itli  of  the  present  month,  and  advise  his  consul  of  the  same  before 
declaring,  if  he  desires  to  i)e  present  to  the  act.  After  the  declaration  having  been  taken, 
you  will  remit  it  to  this  office,  with  the  proceedings,  so  as  to  act  accordingly.  God  and 
liberty. 

"  The  Minister  of  War  J0Sl2  IIUNGRIA. 

"Citizen  C'o.mmandkh  of  Aums  of  San  Do.minoo. 


DAVIS    HATCH.  69 

"  Having  received  the  aforesaid  dispatch  from  the  citizen  minister  of  war,  bo  it  fulfilled 
according  to  the  order  of  said  authority,  advising  the  American  Consul  to  that  eif.-ct  so  that 
he  may  be  present  to  the  declaration  of  Mr.  Hutch,  if  he  desires  it.  So  it  was  ordered  by 
the  citizen  commander  of  arms  of  this  city,  in  his  capacity  as  instructing  judge  ad  interim, 
before  me,  the  secretary  ad  hoc  who  certifies. 

"M.  LOVELACE. 
"J.  M.  GONZALEZ. 

"Immediately,  and  iu  accordance  to  the  aforestated  order,  the  American  consul  was  ad 
vised  of  the  same. 

"M.  LOVELACE, 

"  Secretary . 

"To-day,  the  16th  of  September,  1869.  In  virtue  of  the  dispatch  from  the  citizen  minis- 
ter of  war,  dated  I4th  of  the  present  month,  under  No.  1026,  accompanying  the  proceedings 
initiated  in  the  province  of  Azua  against  Mr.  Davis  Hatch,  a  resident  of  Barahona,  express- 
ing the  d(^sire  of  said  individual  to  amplify  his  declaration  given  at  Azua,  and  it  having  been 
ordered  that  the  consul  of  the  United  States  of  America  be  notified  to  that  effect  so  that  he 
might  be  present  to  the  act,  if  he  so  deems  it  convenient,  we,  Juan  de  Mata  Gonzalez,  com- 
mander of  arms  of  this  capital,  and  assisted  by  the  present  secretary,  the  consul  of  the 
United  States  of  America  having  previously  been  advised  to  that  effect,  we  compelled  a 
man  to  appear  before  us  iu  our  ofSce,  free  and  without  irons,  and  whose  name  and  qualities 
we  shall  hereafter  express  : 

"Asked:  His  name  and  surname,  age,  profession,  civil  standing,  place  of  birth  and  resi- 
dence.— Answered  :  Davis  Hatch,  of  til't^'-six  years  of  age,  a  merchaut  by  trade,  and  an 
agent  of  a  society  in  the  United  States,  married,  born  iu  the  United  States,  a  resident  of  Bar- 
ahona, and  accidentally  in  this  capital. 

"Asked:  If  he  knew  or  presumed  the  motives  of  your  arrest? — Answered:  No;  that  he 
can  only  state  a  few  of  the  answers  given  by  him  in  the  declaration  taken  at  Azua. 

"Asked:  Explain  to  us  the  reason  why  you  were  questioned  at  Azua  on  the  3d  of  the 
present  month. — Answered  :  That  he  could  state  uothiug  more  than  what  he  had  already 
said  in  his  former  declaration. 

"Asked  :  What  motives  compelled  you  to  manifest  an  open  partiality  in  favor  of  a  faction 
that  wars  against  the  principles  of  the  only  legitimate  government  in  this  republic,  and 
which  is  recognized  by  your  government  and  other  powers? — Answered  :  That  he  had  ever 
been  neutral  with  the  different  governments  without  politically  taking  part  in  any,  but  as  in 
Barahona  there  was  no  safer  and  larger  house  than  his  own,  it  was  the  reason  why  Gen- 
erals Pujol,  Curiel,  and  Valverde  selected  it,  through  his  invitation,  at  the  arrival  of  tke 
steamer  Telegrafo  at  Barahona,  and  that  General  Cabral,  when  he  visited  the  town,  used  to 
stop  there  also. 

"Asked  :  How  can  you  say  that  you  are  impartial,  when  we  see  by  your  declarations  that 
you  shielded  with  your  name  and  with  the  immunity  of  a  stranger,  the  property  of  the  fac- 
tion, converting  at  the  same  time,  your  house  into  an  arsenal,  where  cartridges  were  manu- 
factured iu  order  to  hostilize  the  legitimately  constituted  government,  and  making  it  at  the 
same  time  the  headquarters  of  ihe  rebel  chiefs? — Answered  :  That  in  reality  cartridges  were 
manufactured  in  a  shed  situated  in  the  yard  of  his  house,  though  without  his  consent. 

"Asked  :  Whether  the  rebel  chiefs  ever  drew  on  him  for  the  merchandise  and  provisions 
found  in  his  house? — Answered:  No;  that  the  administrator  in  the  town,  who  they  had 
appointed,  was  the  one  who  received  the  promissory  notes  and  used  to  take  the  goods  from 
his  house. 

"Asked:  Is  your  permanence  in  Barahona  due  to  an  accident,  or  was  it  the  effect  of  the 
insistence  on  your  part  in  obtaining  it  from  our  government  through  the  respectable  media- 
tion of  your  consul  ? — Answered  :  No ;  that  was  only  his  pending  business  in  that  town,  and 
his  responsibility  with  a  company  compelled  him  to  be  there  iu  order  to  work  the  salt  mines. 

"  Asked :  Whether  the  notes  he  negotiated  were  in  hard  money  and  against  which  treasury 
they  were  drawn? — Answered:  That  they  were  drawn  against  no  treasury  whatever;  that 
they  were  bought  by  him  for  half  their  value  more  or  less,  and  paid  in  merchandise,  and 
that  he  received  said  notes  with  the  hope  of  their  being  some  day  guaranteed  to  him,  as 
happened  in  the  case  with  General  Tomus  Sepulveda,  alias.  Lane. 

"Asked:  Whether  General  Tomas  Sepulveda,  or  any  other  officer  of  the  regenerating 
revolution  of  the  year  1867,  ever  drew  on  hiu>,  or  asked  merchandise  in  order  to  sustain 
themselves? — Answered:  Never;  that  whenever  he  gave  them  anything  it  was  without 
notes. 

"Asked  :  If  he  had  more  to  state  ? — Answered :  No ;  that  what  he  had  already  stated  to- 
day and  iu  his  former  declaration  was  all  he  could  say.     Thus  ended  these  proceedings 


70  DAVIS    HATCH. 

■which  were  sifijned  by  the  United  States  consul,  present,  after  thej  were  read  to  him  by  us, 
the  commander  of  arms  ad  interim,  and  the  undersiirned  secretary  ad  hoc. 

"  JNO.  SOMERS  SMITH, 

"  United  States  Commercial  Agent. 

"  J.  M.  GONZALEZ. 

"DAVIS    HATCH. 

"MANUEL  LOVELACE,   Secretary. 

"  San  Domingo,  September  14,  1869. 
"  The  declaration  of  Mr.  Davis  Hatch  being  concluded, we  ordered  it  to  be  annexed  to  the  pro- 
cess and  remitted  with  due  formality,  to  the  citizen  minister  of  war.     It  was  so  ordered  by 
the  citizen  commander  of  arms,  in  his  capacity  as  instructing  judge  ad  interim,  before  me, 
the  secretary  ad  hoc,  who  certifies. 

"J.  M.  GONZALEZ. 

"M.  LOVELACE,  Secretary. 

"Immediately,  and  in  due  form,  was  the  process  remitted  to  the  citizen  minister  of  war. 

"M.  LOVELACE,  Sccretnrii. 

"There  is  a  seal  on  which  is  stamped  the  following  words  :   '  God,  country,  and  liberty. ' 

"DOAnNICAN    REPUBLIC   POLITICAL    GOVERNOR'S   OFFICE    OF   THE   PROVINCE    OF    SAN 

DOJIINGO. 

"In  the  city  of  San  Domingo,  on  the  29th  day  of  December,  1868,  th.e  twenty -fifth  of  the 
independence,  si.xth  of  the  restauratiou,  and  second  of  the  regeneration,  before  us,  (ieu- 
eral  Daniian  Baez,  civil  and  military  governor  of  the  capital  and  province  ot  San  Domingo, 
accompanied  by  the  citizen  interpreter  of  this  port,  and  assisted  by  the  undersigned  secretary, 
we  made  a  man  appear,  and  after  taking  his  oath,  we  questioned  him  as  follows: 

"Asked:  His  name  and  surname,  age,  civil  standing,  profession,  place  of  residence,  and 
whetlier  he  knew  to  read  and  write  ? — Answered  :  That  liis  name  was  William  Home,  of 
twenty-nine  years  of  age,  a  single  man  and  a  sailor  by  trade,  accidentally  in  this  capital, 
knows  how  to  read,  and  belongs  to  the  crew  of  the  English  brig  W.  B.  Torrett,  lately  from 
Barahona. 

"  Asked  :  What  do  you  know  of  the  powder  landed  at  Barahona,  and  brought  by  the  Eng- 
lish brig  W.  15.  Torrett  ? — Answered  :  That  said  vessel,  when  at  St.  Tliomas,  to  be  dis- 
patched fur  this  port,  lie  being  t\\f  steward,  the  mate  gave  him  a  box,  ten  feet  long,  more  or 
less,  and  about  fourteen  inches  deep,  and  told  him  to  deposit  said  box  in  the  captain's  cabin  : 
and  he  having  asked  what  it  contained,  received  no  answer.  That  when  they  arrived  to 
this  port  the  vessel  was  visited  by  the  enstoin-house  officers,  who  found  said  box.  That 
after  the  vessel  left  tlie  port  to  load  at  Barahona,  he  saw  the  captain  land  in  said  j)hice  pro- 
visions, in  three  barrels,  and  he  also  saw  him  take  from  said  bux  twelve  cans  of  powder,  and 
Mr.  Davis  Hatch  six,  wiiicli  they  landed,  jilaciiig  tlicni  in  their  j)ockets  aiul  bosoms.  That  for 
the  second  time  he  saw  the  cajitain  take  a  straw  liasket,  which  he  filled  witli  cans  of  powder, 
which  were  also  landed  and  taken,  as  the  first  eighteen,  to  tin;  liotise  of  Mr.  Davis  Ilatcii,  in 
Barahona.  On  the  next  day,  being  Sunday,  lie  called  the  jiilot  and  told  him  what  had 
passed,  and  lie  answeretl  iiim  that  he  hud  obsi-i'vcd  nothing. 

"Asked  :  Who  else,  besides  Mr.  Hatch,  had  iiiterferi'd  in  the  powder  affair  at  Barahona  ?  — 
Answered:  'i'liat  the  <inly  onrs  he  saw  inteifcre  in  this  matter  were  tiie  captain,  Mr.  Hatch, 
aiid  a  boy  belonging  to  tlii'  cri-w  of  tlie  aforesaid  English  Inig  W.  B.  Torrett. 

"  Asked:  Have  yuu  anything  more  to  declare  respecting  what  took  ]ilac(^  at  Barahona  in 
reference  to  the  powder  and  Mr.  Hatch? — Answered:  That  alter  the  powder  was  landed 
and  taken  to  Mr.  Haich's  iiouse,  Iw  knew  no  more  al)out  it. 

"Ask(HJ:  Ilav(!  yon  iiiiytliing  further  to  lieclare  aftertlie  Jinival  of  the  l^nglish  brig  W.  B. 
Torr(;tt  to  this  port  fidm  that  of  Haialioiia?  —  Answered:  lb'  has  nothing  further  to  declare 
except,  that  afti-r  the  pilot  had  landed  the  nigiil  britire.  lie  di<l  not  see  iiim  tillalioul  lialf-past 
three  p.  m.  next  day,  and  having  met  him,  the  first  thing  In-  was  asked  was,  whether  he 
had  aln-aily  (hclared,  at  the  captain  of  the  ]Hiit's  ollice,  wiiat  lu'  had  tuld  him  ies])ecting  the 
powder  landed  at  liarahona  liy  the  captain  and  Mr.  Hatch,  and  taken  to  the  latti-r's  Iiouse; 
to  whi(di  he  answered  in  the  afiirmiiiivo.  'I'lieii  the  pilot  asked  him  whether  he  had  stated 
in  the  di-claration  that  he  (ihe  pilot)  also  knew  of  the  landing  nf  said  |iiiw<lcr;  to  wiiich  he 
also  answered  in  the  atrmiialive ;  and  that  moieover  lie  had  drclared  that  he  (the  pilni) 
kiK'vv  of  the  iifVair,  as  he  iiad  lold  iiim  of  it  tin;  day  after  the  landing  of  the  last  lot ;  that  tiien 
the  pilot  told  iiim  that  lie  ought  not  to  have  done  so  before  bis  declaration  had  been  given, 
as  lie  might  hr;  puni.-iied  for  it. 

"Asked:  Wiiaf  was  the  cause  of  your  deserting  3'our  vc'sel  ? — Answered:  Because  having 
claimed  my  salary  from  the  ca|itain,  he  told  me  that  I  had  gained  nothing,  and  1  came  on 
shore  in  search  oi' a  person  to  have  my  rights  claimed. 


I 


DAVIS    HATCH.  71 

"Asked:  Have  you  anythiiip^  furthov  to  declare  lespectiug  tlie  subject  on  which  you  are 
interrogated? — Answered:  Notliinp  further. 

"  And,  as  wo  requested  him  to  sign  with  us  this  declaration,  be  answered  that  he  ignored 
the  art  of  writing.     Signed  : 

"THE  GOVERNOR. 

"It  is  a  true  copy  accordin"-  to  the  original,  and  which  I  certify.      The  Secretary, 

"P.  M.  GAUTIER. 

"There  is  a  seal  on  which  are  stamped  the  following  words  :    '  God,  country,  and  liberty.' 


"  Copy  of  the  dispatch  addressed  hy  the  Minister  of  Foreign  Affairs  to  the  Minister  of  li'ar  and 

Navy : 

"Dominican  Republic, 
"Secretary  of  State's  Office  for  War  and  Navy, 

"  6'a«  Domingo,  September  20,  18B9. 
"  Citizen  :  In  compliance  with  the  desires  manifested  to  me  by  your  dispatch  of  the  14th 
day  of  the  present  month,  No.  10'i8,  I  have  the  honor  of  inclosing  you  the  copies  of  the  cor- 
respondence held  between  this  ministry  and  the  United  States  commercial  agent,  and  marked 
with  the  letters  A,  B,  C,  D,  the  second  and  fourth  being  in  the  Eoglish  language,  with  the 
sworn  translation  of  the  interpreter  (;f  this  port.  From  said  correspondence  you  will  deduce 
which  were  Mr  Hatch's  motives  in  going  to  Barahona,  and  the  particular  reservations  made 
on  him.  I  avail  myself  of  this  opportunity  to  renovate  to  you  the  sentiments  of  my  most  dis- 
tinguished consideration. 


"Copied  by  me,  the  auxiliary  oificer  of  the*iriinistry, 


"  M.  M.  GAUTIER, 
"  Minister  of  Foreign  Affairs. 

"M.  ARREDONDO. 


"[A.-Copy.J 

"No.  257.]  Ministry  of  Foreign  Affairs, 

"  San  Domingo,  April  6,  1868. 

"  My  Dear  Sir  :  It  is  proved  by  documents  that  have  been  made  public  through  the  press 
that  Mr.  Davis  Hatch,  who  calls  himself  a  citizen  of  the  United  States,  was  complicated  in 
an  evident  manner  in  the  political  atfairs  of  the  Dominicans,  his  partiality  for  the  past  ad- 
ministration and  his  hostility  to  the  actual  order  of  things  being  notorious.  Under  any 
other  circumstances,  and  as  long  as  it  were  only  a  matter  of  opinion,  my  government  would 
have  tolerated  and  even  appeared  indifferent  to  the  conduct  observed  by  an  individual  who 
says  he  belongs  to  a  nation  friendly  to  the  republic,  but,  according  to  the  treacherous  plans 
which  the  Dominican  emigrants  propagate  in  the  neighboring  island  Curasao,  and  of  which 
the  government  has  sutticient  proofs,  one  of  the  places  selected  for  their  first  operations  was 
Barahona,  where  Mr.  Hatch  actually  resided,  and  from  whom  they  expected  deficient  per- 
sonal co-operation,  and  resources  of  a  ditl'erent  kind.  Mr.  Hatch's  antecedents  grant  the 
right  to  my  government  to  immediately  compel  him  to  move  his  residence,  but  you  being 
convinced  of  the  spirit  of  justice  that  animates  that  of  the  United  States,  and  which  is  to 
be  common  to  its  agents,  we  expect  that  you,  being  convinced  of  the  right  that  assist  our 
government,  will  be  so  kind  as  to  intimate  to  Mr.  Hatch  his  abandonment  of  the  town 
of  Barahona,  and  coming  to  this  city  in  the  shortest  possible  time.  My  government,  in 
taking  this  step,  is  with  the  laudable  object  of  preventing  that  any  other  measure  should 
be  interpreted  as  contrary  to  the  desire  which  it  has  of  maintaining  intact  the  cordiality  ex- 
isting between  the  Dominican  Republic  and  that  of  the  United  States,  and  we  hope  that  you 
will  be  persuaded  of  these  sentiments.  I  avail  myself  of  this  opportunity  in  offering  to  you 
my  respects  and  distinguished  consideration. 

"M.  M.  GAUTIER. 

"To  the  Consul  of  the  United  States  of  AiMerica  in  this  city. 

San  Domingo,  September  16, 1869. 
"  A  true  copy  : 

"  The  Chief  Officer  of  the  Ministry  of  Foreign  Affairs, 

"  FEDERICO  RAMIREZ." 


72  DAVIS    HATCH. 

"fB.— Acopy.] 

"United  States  Commerciai,  Agency, 

"Srt?i  Domingo  City,  June  IS,  1863. 
"  Sir  :  At  the  earnest  solicitation  of  Mr.  Davis  Hatch,  I  have  the  honor  to  request  permis- 
eiou  from  jour  government  that  he  may  be  allowed  to  return  to  Barahona.  JNIr.  Hatch  has 
pledged  to  me  his  word  of  honor  that  neither  directly  nor  indirectly  will  he  in  any  way  in- 
terfere or  meddle  in  the  political  affairs  of  this  country,  and  as  I  have  his  solemn  assurance 
to  that  effect,  I  sincerely  trust  that  your  government  will  grant  the  required  permission 
without  delay,  as  the  commercial  interests  of  Mr.  Hutch  at  Barahona  are  greatly  prejudiced 
by  his  absence.     Please  favor  me  with  a  reply  at  your  earliest  convenience. 

"  I  have  the  honor  to  be,  with  distinguished  consideration  and  respect,  your  obedient  ser- 
vant, 

"  JNO.  SOMERS  SMITH. 

"  Uuitut  States  Commercial  Agent. 
"  To  the  Hon.  MINISTER  for  Foreign  Eelatioxs, 

"  San  Domingo. 

"■  San  Domingo,  September  16,  1869. 
"  It  is  a  true  copy.     The  chief  officer  of  the  ministry  for  foreign  affairs. 

FEDEKICO  RAMIREZ. 

"  Traduccion. — B. 

"  Agencia  Comercial  de  LOS  Estados  Unidos, 

"  Santo  Domingo,  17  de  Junio  de  1868. 
"  Senor  :  En  virtud  de  la  solicitud  del  Senor  Davis  Hatch,  tengo  el  honor  de  pedir  per- 
miso  d  su  gobierno  para  que  le  sea  permitido  al  dicho  senor  volvcr  A  Barahona.  El  Senor 
Hatch  me  ha  empefiado  su  palabra  de  honor  de  que,  ni  directa  ni  indirectamente,  no  inter- 
vendrd,  ni  se  mezclara,  en  los  asuntos  politicoiT  de  este  pais,  y  como  que  tengo  las  seguri- 
dades  las  mas  solemnes  as  efecto,  coutio  sinceramente  en  que  su  gobierno  concederd  sin  tar- 
danza  el  permiso  solicitudo  puisque  la  ausencia  del  Senor  Hatch  de  Barahona  perjudica 
grandementt  sus  iutereses  comerciales.  Agradecer6  fi  V.  una  contesta  tan  prosito  le  sea 
conveniente.  Tengo  el  honor  de  ser,  con  distinguida  consideracion  y  respecto,  su  atento 
servidor. 

"JNO.  SOMERS  SMITH, 
"  Agcnte  Comercial  de  los  Estados  Unidos. 
'    Al  Hon,  MiNISTRO  DE  LAS  ReLACIOES  EXTERIORES,  c^C,  d:,  <£c., 

"  Santo  Domingo. 

'•San  Domingo,  September  liS,  1869. 
"  I  certify  this  to  be  a  true  and  faithful  translation  from  the  original,  written  in  the  English 
language. 

"The  interpreter  of  this  post,  P.  A.  M.  MONSANTO." 


"[C- A  copy.] 

"  No.  — .  ]  "  Ministry  of  Foreign  Relations, 

"  San  Domingo,  June  22,  I86S. 

"  My  Dear  Sir  :  At  due  time  I  have  received  your  communication  dated  the  17th  instant, 
soliciting  a  permission  that  Mr.  Davis  Hatch  might  return  to  Barahona,  stating  at  the  same 
time  that  this  gi'iitlciiuiti  had  jjlcdged  you  his  word  of  honor  not  to  meddle  eitiier  directly 
or  indirectly  in  tlic  political  affairs  of  the  country,  and  that  yon  uri;  sure  of  tlie  sincerity  of 
this  ])roiniso.  In  answer  to  whic-li  I  will  state  that  the  government,  impiilsfd  by  its  spirit  of 
conciliation  and  attending  to  your  intiMposition  in  tlio  matter,  permits  Mr.  Halch  to  return 
to  Barahona  ;  and  that  it  might  be  uiidw.stood,  notwithstanding,  that  it  docs  not  renounce 
through  this  circumslance  to  tin;  right  wliieli  the  antecedfuts  of  Mr.  Hatcii  liavc  caused  to 
dictate  the  measure-  of  conipi-ljing  him  t(t  a  change  of  residence,  in  case  the  conduct  of  this 
gentlenian  were  not  in  accordance  to  the  om-  proinist;d  you  to  be  observed.  Tlie  actions 
to  be  taken  then  will  be  of  such  a  cliaracter  as  the  reit<Mation  exacts  under  his  pledged  word. 

"I  have  the  satisfaction  fif  signing  with  sentiinents  of  my  most  distinguished  consideration, 
"Your  humiile  servant  and  friend, 

"M.  M.  GAUTIER. 

"To  the  CoMMi;ii<;iAL  Acjent  of  the  Unii'i:i»  States  in  this  Citv. 

"Santo  Do.MiNfJo  City,  Sipiimhr.r  16,  IHOO. 
"  A  fuilhlul  copy  : 

"The  chief  officer  of  the  ministry  of  fon-ign  n'liiiions, 

"  FE'DERICO  RAMIREZ. 


DAVIS    HATCH.  73 

["  D. — A  copy.] 
"Commercial  Agency  of  the  United  States  of  America, 

"S««  Domingo  City,  June  2^,  1868. 
'  Sir  :  I  had  the  houor  to  acknowletlgje  the  reception  of  your  note  of  yesterday,  informing 
me  that  Mr.  Hatch  is  at  libcrtj'  to  return  to  Rarahona.     I  duly  appreciate   tlie  conciliatory 
spirit  evinced  by  the  Dominican  government  in  the  case  of  Mr.  Davis  Hatch,  and  respect- 
fully tender  my  thanks  and  acknowledgments  on  the  occasion. 

"  I  remain,  with  distinguished  consideration  and  regard,  your  obeilient  servant, 

"JNO.  SOMERS  SMITH, 
"  Commercial  Agent  vf  the  United  States. 

"To  the  Hon.  Minister  for  Foreign  Relations,  San  Domingo,  Sfc,  <j-c.,  8fc. 

"  San  Domingo,  Wth  September,  1869. 
"  It  is  a  faithful  copy : 

"  The  chief  officer  of  the  ministry  of  foreign  affairs, 

"FEDERICO  RAMIREZ." 

"  fD. — Traduccion.l 

"  Agencia  Comercial  de  LOS  Estados  Unidos  de  America, 

^^  Santo  Domingo, 'i'i  Junio  de  1868. 
"  Senor  :  Tengo  el  honor  de  acusarresibo  de  su  nota  de  ayer  infurmandome  que  el  Seuor 
Hatch  tiene  la  libertad  de  volver  fi  Barahona.  Aprecio  debidamente  el  espiritu  conciliador 
demonstrado  por  el,  gobierno  dominicano  en  el  caso  del  Seuor  Davis  Hatch  por  lo  que 
ofrezco  k  V.  mi  agradecimiento  y  doy  respetuosamente  las  gracias.  Con  distinguida  cousi- 
deracion  quedo  su  atento  servidor, 

"JNO.  SOMERS  SMITH, 
^^Agente  Comercial  de  los  Estados  Unidos. 
"  Al  Hon.  MiNihTRO  de  los  Relaciones  Exteriores,  c|c  ,  SfC,  cfr., 

"  Santo  Domingo. 

"Santo  Domingo,  15  de  Setiemhrc  de  1869. 
"  Certifico  ser  fiel  y  verdadera  la  presente  traduccion,  y  conforme  al  original  cscrito  en 
idioma  ingles. 

"  El  iuterprete  del  puerto. 

"P.  A.  M.  MONSANTO. 
' '  Procedure : 

"VALENTIN  RAMIREZ  BAEZ, 
"  General  of  Division  and  Delegate  of  the  Government 

"  in  the  Province  of  Azua.'' 


"  General  Headquarters  of  Azua,  Scptemher  21,  1869. 
"The  anterior  proceedings  having  been  returned  by  the  citizen  minister  of  war,  and  the 
declaration  of  Mr.  Davis  Hatch  having  been  taken  before  the  consul  of  the  United  States 
of  America,  and  the  other  acts  of  pi'oceedings  having  been  brought  to  a  close,  which  docu- 
jTients  are  annexed,  be  said  proceedings  remitted  to  the  citizen  commander  of  arms  of  this 
place  for  further  legal  purposes. 

"VALENTINE  RAMIREZ  BAEZ. 

"FELIX  MARTINEZ,  Secrftary." 
"  Procedure. 

"  In  compliance  with  what  was  ordained  by  the  citizen  minister  ot  war  and  the  citizen  del- 
egate of  the  government  in  this  province,  I  have  remitted  the  proceedings  to  the  citizen 
commander  of  arms  in  this  place,  containing  twenty-six  useful  pages,  three  white  and  the 
cover. 

"Headquarters  of  Azua,  date  ut  supra. 

"FELIX  MARTINEZ,  Secretary. 

"  There  is  a  seal  on  which  are  stamped  the  words  '  God,  country,  and  liberty. '  " 

"  DOMINICAN  REPUBLIC — VALENTINE   RAMIREZ    BAEZ,   GENERAL  OF   DIVISION   AND   DELE- 
GATE  OF  THE  GOVERNMENT  IN  THE  PROVINCE   OF  AZUA,  No.  1424. 

"  Citizen:  On  the  9th  of  the  past  month,  and  previous,  the  requisites  of  law,  the  person 
of  Mr.  Davis  Hatch,  as  wdl  as  the  proceedings  initiated  against  him,  were  remitted  by  this 


74  DAA^IS    HATCH. 

delegation  to  the  citizen  minister  of  war  for  the  investifjation  of  the  cieeds  committed  by  said 
gentleman  during  the  permanence  of  the  insurjrents  in  Barahona,  with  the  object  of  ampli- 
fying his  declaration  before  the  consul  of  the  United  States  of  North  America,  according  to 
the  stipnlations  in  the  treaty  which  exists  between  the  two  republics  ;  and  his  questioning 
having  taken  place  before  said  consul,  and  annexed  to  the  regular  proceedings  all  the  copies 
of  the  notes  which  took  place  in  this  matter  between  the  ministry  of  foreign  affairs  of  the 
republic  and  the  consul  of  the  United  States,  there  is  one  more  declaration  addeil  taken  by 
the  citizen  governor  of  the  capital,  in  the  month  of  December  last,  relative  to  the  English 
brig  W.  B.  Tarrett,  that  went  to  load  at  Barahona  under  the  consignment  of  Mr.  Davis 
Hatch.  Said  proceedings  were  returned  to  tliis  delegation  by  the  citizen  minister  of  war, 
with  the  object  of  their  being  remitted  to  that  commander  of  arms'  office  for  further  legal  in- 
vestigation. 

"  For  this  object  I  inclose  it,  that  you  may  immediately  proceed  to  take  the  declaration  of 
^Ir.  John  Emanuel  Scroggins,  who  at  the  present  moment,  is  a  prisoner  in  that  command- 
er's ofKce,  and  who  must  have  a  knowledge  of  the  conduct  observed  by  Mr.  Davis  Hatch, 
when  he  occupied  in  Barahona  the  position  of  commander  of  the  port ;  his  declaration  must 
serve  to  confirm  the  deeds  declared  by  the  other  witnesses.  After  said  declaration  be  taken, 
as  well  as  any  other  that  might  produce  further  proofs,  you  will  remit  the  proceedings  to 
this  delegation  for  what  might  further  take  place.  I  recommend  you  most  particularly  to 
be  very  careful  in  the  way  of  renewing  the  proceedings,  and  of  following  their  course  in  ac- 
cordance to  law.     God  and  liberty. 

"VALENTINE  RAMIREZ  BAEZ. 

"  AZUA,  September  21,  1869. 

"  Citizen  GENERAL  Commander  of  Arms  at  Azua. 

"  In  the  city  of  Compostela  de  Azua,  on  the22d  day  of  the  month  of  September  of  the  year 
1869,  the  twenty-sixth  of  the  independence,  seventh  of  the  restauratiou,  and  second  of  the 
regeneration,  it  being  8  a.  m.,  before  us,  Jo.se  Maria  Rodriguez,  arm}'  general  aud  com- 
mander of  arms  of  this  place,  assisted  by  the  present  secretary  in  our  office,  having  before  us 
the  note  of  the  general  delegate  of  the  government  in  this  province,  dated  the2lst  of  the 
present  month,  numbered  1424,  and  in  which,  among  other  things,  ordains  that  this  olTice 
may  renew  the  questions  in  the  proceedings  initiated  against  Mr.  Davis  Hatch,  so  that  Mr. 
John  Emanuel  Scroggins  may  render  liis  declaration  as  commander  of  the  port  of  Barahona, 
as  well  as  any  other  person  who  may  have  a  knowledge  of  the  conduct  observed  by  Mr. 
Davis  Hatch  during  the  time  of  the  insurrection  in  Baraliona,  and  for  the  exju'essed  reasons 
and  in  compliance  with  the  order  alluded  to,  wo  renew  the  (jucstions  of  these  proceedings, 
and  we  order  the  person  of  John  Emanuel  Scroggins  may  appear  before  us,  so  that  liis  dec- 
laration may  take  place,  as  well  as  that  of  any  other  person  which  ma}'  be  deemed  necessary. 
After  this  takes  place,  return  the  proceedings  to  the  general  delegate  of  the  government  fti 
this  province  for  further  action.  So  it  was  ordered  and  signed  by  the  general  commander 
of  arms  and  secretary,  wlio  certifies. 

JOSfi  MARIA  RODRIGUEZ. 
GALO  MONZON,  Secretary. 

On  the  same  date  we  had  a  man  appear,  wliose  name  we  shall  hereafter  state,  and,  after 
his  oath  being  taken,  was  questioned  in  the  following  manner: 

Asked  :  His  name  and  surname,  age,  civil  standing,  profession  and  domicile. — Answered  : 
He  was  named  Juan  Manuel  Scroggins,  of  iifty-tiiree  }ears  of  age,  a  widower,  a  sailor  by 
trade,  (himiciliated  in  th('  capital  of  San  Domingo,  and  a  resident  of  the  Romana. 

Asked  :  What  do  you  know  of  the  conduct  observed  by  Mr.  Davis  Hatch  with  the  insur- 
gents duiing  their  permanence  in  the  town  of  Barahona,  'ind  as  well  as  of  your  own  in  said 
place?  —  Answered:  'J'liat  during  the  time  that  he  was  in  Barahomi  he  lived  always  near  to 
the  sea,  ami  occupied  Iiimself  by  fishing  ;  that  it  was  very  seldom  that  lie  came  to  town  ; 
but  the  few  times  he  did  so  he  could  .see  that  Mr.  Davis  Hatch'.s  house  was  visited  as  often 
by  the  commander  of  arms,  as  well  as  by  the  rest  who  acconqjanied  him  ;  tliat  lio  also 
observed  that  General  Cabral  had  lodged  in  the  same  house  one  day  lie  came  to  tlie  encamp- 
ment. 

Asked:  Do  you  know  where  the  insurgents  deposited  their  provisions,  merchandise,  and 
ammunitions  of  war  ? — Answonjd  :  That  what  he  saw  landed  from  tlie  steamer  Telegrafo 
were  ammunitions,  merdiandise,  and  a  few  straw  hats,  and,  according  to  what  ii(>  was  told, 
they  were  inim(;diately  taken  l)y  a  convoy  to  the  interior;  that  iii'  does  not  know  the  use 
they  coulil  li.ivo  made  of  other  articles  of  snid  class,  for,  as  he  Inid  bctbre  slali'd,  lie  lived 
distant  fiom  the  town  ;  that  this  was  all  he  knew  and  ctmld  declare  on  the  <i;ith  lie,  had 
taken.  Alter  his  declaration  having  been  read  him,  he  slati'd  lie  was  satislied,  signing  it, 
with  the  general  connnauderof  arm.'i,  aud  secretary,  who  certifies. 

JOSf;  MAHIA  RODRIGUEZ. 
JUAN  MANUKL  SCROGGINS. 
GALO  MONZON,  ISccrdnry. 


DAVIS    HATCH.  75 

^''Procedure. 

"This  dc'claratioii  Iiavinpf  been  received,  and  liaving  no  otliers  to  take,  allow  these  pro- 
ceedings to  be  1  emitted  to  the  citizen  general  delegate  for  further  action.  It  was  thus  or- 
dained and  signed  by  the  general  couunander  of  arms,   and  secretary,  who  certifies, 

"  JOS£  MANUAL  RODRIGUEZ. 

"GALO  MONZON,  Secretary. 

'^Procedure. 

"  On  this  date  I  have  had  these  proceedings  handed  to  the  citizen  general  delegate  of  the 
government,  it  being  tilled  by  the  declaration  given  by  the  witness,  Juan  Manual  Scrog- 
gius,  consisting  of  thirty-one  pages. 

"  GALO  MONZON,  Sccrcitfr^. 

"AZUA,  Scptemier  22, 1869. 

^'Procedure. 

"VALENTIN  RAMIREZ  BAEZ,  GENERAL  OF  DIVISION  AND  DELEGATE  OF  THE  GOVERNMENT 

IN  THE  PROVINCE  OF  AZUA. 

"Having  seen  and  examined  the  proceedings  against  Mr.  Davis  Hatch,  a  North  American 
citizen,  I  order  them  to  be  remitted  to  tlie  citizen  attorney  general  of  war  of  this  province, 
according  to  what  is  ordered  in  the  184th  article  of  the  penal  military  code  in  force. 

"FELIX  MARTINEZ,  Secretary. 

'•'General  Headquarters  of  Azua,  September  25,  le69. 

"Procedure. 

''In  compliance  to  the  orders  given  by  the  citizen  delegate  of  the  government,  I  have  de- 
livered these  proceedings  to  the  citizen  attorney  general  of  war  of  this  province.  Date  ut 
supra. 

"FELIX  MARTINEZ, 

''Secretary. 

"Received  the  foregoing  proceedings  for  further  action. 

"The  Attornev  General, 

"EVARISTO   AYBAR. 
"Azua,  September  2^,  1869. 

"There  is  a  seal  on  which  are  stamped  the  following  words  :    '  God,  country,  and  liberty. 

'DOMINICAN  republic— VALENTINE    RAMIREZ    BAEZ,   GENERAL    OF   DIVLSION  AND    DELE- 
GATE OF  THE  GOVERNMENT  IN  THE  PROVINCE  OF  AZUA. — NO.  1439. 

"  Citizen  :  In  conformity  to  what  is  ordered  in  the  article  184,  c'hapter  the  2d,  4th  treatise 
of  the  military  penal  code  in  force,  I  remit  to  you  the  proceedings  initiated  from  superior 
order,  by  the  citizen  commander  of  arms  of  this  place,  against  Mr.  Davis  Hatch,  a  North 
American  citizen,  that  you  may  further  act  according  to  law.     God  and  libertv. 

"VALENTINE    RAMIREZ  BAEZ. 

"Citizen  Attorney  General  of  t  lie  Council  of  {far. 

"Azua,  September  25,  18lJ9. 

"GOD,  COUNTRY,  AND  LIBERTY— DOMINICAN   REPUBLIC. 

"  In  the  city  of  Compostela  de  Azua,  on  the  27th  day  of  September,  in  tlie  year  1869,  twen- 
tj'-sixth  of  the  independence,  sixth  of  the  restauration,  and  second  of  the  regeneration,  it 
being  12  m..  we,  Evaristo  Aybar,  a  colonel  of  the  army  and  acting  as  accusing  attorney  of 
the  council  of  war  of  the  province,  assisted  l)y  the  undersigned,  secretary  of  said  coniu'il,  and 
in  conformity  i^ith  the  articles  189  and  19(1  of  the  military  penal  code  in  force,  and  in  vir- 
tue of  a  requisition  froui  the  political  superior  chief,  by  his  note  dated  the  25th  instant, 
Tinder  No.  14o9,  accompanied  with  the  proceedings  for  the  prosecution  of  a  prisoner,  we 
went  to  one  of  the  cells  of  the  jjulilic  jail  of  this  city  and  required  the  appearance  of  said 
prisoner,  free  from  irons,  in  order  to  be  questioned  : 

"  Asked  :  His  name  and  surname,  age,  profession,  and  military  rard<,  nnmber  of  his  com- 
pany, battalion,  and  regiment. — Answered:  That  he  was  named  Davis  Hatch,  of  fifty-six 
years  of  age.  married,  a  merchant  by  trade,  an  agent  of  a  society  in  the  United  States,  the 
place  of  his  birth,  and  actually  in  the  public  jirisou  of  this  city. 


76  DAVIS    HATCH. 

"In  consequeuce  thereof,  the  prosecuting  attorney  declared  to  the  prisoner  that  he  was  to 
be  tried  by  the  council  of  war,  advising  him,  at  the  same  time,  to  select  any  one  to  defend 
him. — Answered:  That  he  would  think  about  it. 

"  This  being  brought  to  a  close  on  the  same  date,  hour,  and  month,  and  year  aforesaid,  it 
was  also  read  to  the  prisoner,  and  signed  with  us,  the  prosecuting  attorney  and  secretary, 
who  certifies : 

"DAVIS  HATCH. 

•'EVARISTO  AYBAR. 

"  EAFAEL  GARRIDO  SOSA, 

'^Secretary. 

"DOMINICAN   REPUBLIC. — ACT   OF   ACCUSATION. 

"We,  Evaristo  Aybar,  colonel  of  the  army,  attorney  general  of  the  council  of  war,  of  the 
province  of  Compostela  de  Azua,  in  virtue  of  the  order  and  proceedings  sent  to  me  by  the 
citizen  civil  governor  of  this  province,  which  forms  a  part  of  said  proceedings,  and  having 
had  yesterday,  the  27th  of  the  present  month,  Mr.  Hatch  identified,  we  told  him  at  the  same 
time  that  he  was  to  be  submitted  to  the  jurisdiction  of  the  council  of  war,  and  advised  hira 
to  freely  select  a  person  that  might  aid  him  in  his  defense.  In  virtue  of  which  it  is  lawful 
to  accuse  Mr.  Davis  Hatch,  a  citizen  of  the  United  States  of  America,  of  fifty-six  years  of 
age,  married,  and  a  merchant  by  trade,  a  resident  in  the  town  of  Barahona,  and  actually 
detained  in  the  public  jail  of  this  city,  as  accused  of  the  crime  of  enticement,  according  to 
the  fourth  incise  of  the  fifty-ninth  article  of  the  military  penal  code  in  existence,  and  of  the 
eighty-sixth  article  of  the  common  penal  code,  of  the  official  edition  of  Jb'67,  applicable  to 
this  case;  and  in  conformity  with  the  one  hundred  and  twenty-eighth  article  of  the  said 
military  penal  code,  which  orders  that,  in  case  of  deficiency,  the  councils  of  war  should  bo 
governed  by  it.  In  consequence  thereof,  the  said  prisoner,  Davis  Hatch,  is  submitted  to 
the  military  jurisdiction  of  said  council,  in  conformity  to  the  executive  power's  decree  of  the 
14th  of  Januaiy  of  the  present  year,  which  declares  the  province  of  Azua  in  a  state  of  siege, 
and  subject  to  the  exclusive  competence  of  a  council  of  war  all  crimes  and  faults  perpetrated 
there  from  the  date  of  its  promulgation. 

"In  virtue  of  the  criminal  proceedings  initiated  against  said  Hatch,  it  is  proved,  even  to 
evidence,  that,  nith  tenacious  interest  and  stubbornness,  he  has  lived  in  Barahona,  notwith- 
standing his  knowledge  of  that  place  being  menaced  by  a  faction  of  so  alarming  a  character 
as  to  be,  from  its  first  outbreak,  a  real  gang.  That,  not  acknowledging  the  legitimacy  of 
the  only  constituted  government  recognized,  by  his  having  trafficked  openly  with  the  faction, 
negotiating  and  discounting  its  notes  of  credit,  and  fraternizing  with  its  members  in  the 
most  scandalous  manner.  That,  according  to  its  antecedents  brought  to  view  in  these  pro- 
ceedings, it  IS  proved  that  he  himself  went  on  board  the  English  brig  \V.  B.  Torrett,  in  order 
to  take  from  a  case  which  was  kept  for  him  by  the  captaili  a  number  of  cans  of  powder, 
which  said  Hatch  brought  over  in  his  pockets,  and  had,  also,  others  hidden  by  otiier  per- 
sons, in  order  that  they  might  be  brought  ashore  at  Barahona,  the  government  having  made 
him  understand  that  his  presence  was  pot  convc^nieut  in  said  place,  and  he  persisted  in  ob- 
taining permission  for  returning  to  it,  offering  his  house  as  a  lodgment  and  as  a  store  and 
arsenal  to  the  enemies  of  the  constituted  g(jvernnient.  Lastly,  that  in  his  own  declaration 
he  confesses  his  hostility,  though  endeavoring  to  jialliate  his  conduct  by  stating  '  that  he 
recognized  the  rebel  chit;fs  as  authorities,  because  he  had  seen  in  this  country,  in  the  si)ace 
of  more  than  four  years,  six  revolutions.'  In  virtue  of  which,  the  proseoiting  attorney  of 
the  <-ouiicil  of  war  does  formulate  against  the  prisoner,  Davis  Hatch,  tlie  following  idiarges : 
1st.  That  he  had  knowingly  seconded  the  enterprises  of  the  enemies  of  the  republic,  and  lent 
liimself  to  protect,  in  his  quality  as  a  stranger,  the  ojierations  (if  a  thit^ving,  warlike,  san- 
guinary, and  devastating  faction.  2d.  For  having  spontaneously,  and  of  his  own  will,  con- 
verted his  own  house  into  a  lodgment  known  h}'  t\n-  chief  leaders  of  said  faction,  cultivating 
with  them  tlie  most  friendly  relations.  ;5d.  For  having  authorized  said  chiefs  and  rebels  to 
transform  his  own  house  into  a  known  arsenal,  wherein  were  manufactured  and  sent  from 
aminunifioiis  of  war,  destined  to  liostilize  tlici  legitimate  goverinnent.  '1th.  For  liaving 
most  elliciiciou^ly  aide<l  the  insurgents.  ]irovidiiig  them  all  tin!  necessarii^s,  and  negotiating 
their  driifts,  which  he.  priid  in  order  to  give  tlieni  nuMins  for  their  wants.  In  consiMjuence 
thereof,  s;iid  Davis  Hatch  is  accused  of  having  committed  the  crime  of  enticement,  with  no 
exti^nnating  eirc.umstance,  sai(l  crime  being  provided  for,  and  ([ualitied  ai-cording  to  the 
fifty-ninth  articlr;  of  the  military  penal  coih',  in  its  fourth  incise,  and  hy  the  eighty-sixth 
article  of  the  common  penal  code  in  force. 

"  Hall  of  .lusticci  of  the  city  of  ('oinpostela  do  Azua,  on  the  2Hth  of  September,  IHCiO, 
twenty-sixth  of  the  independence,  si.xth  of  the  ri-staiiration,  and  second  of  the  regenera- 
tion. 

"The  Prosecuting  Attorney, 

"  EVARISTO  AYBAR. 

"  It  htm  been  notified,  and  a  copy  of  the  sanio  given  by  the  undersigneil  to  the  pris- 
oner, Davis  Hatch,  to-duy,  the  Milh  of  the  mouth  of  September,  in  tho  year  1869,  speaking 


DAVIS    HATCH.  77 

to  him  in  person,  and  in  presence  of  the  keeper  of  the  public  jail,  by  me,  Manuel  de  Cas- 
tro, tirst  sergeant  of  the  battalion  '  Cliavalo,'  and  constable  of  the  council  of  war  of  this 
province,     oigned  by  myself,  the  prisoner,  and  jailer,  which  I  certify. 

"MANUEL  DE  CASTRO. 

"  Procedure. 

"  Evarista  Aybar,  colonel  of  the  army  and  prosecuting  attorney  of  the  council  of  war  of 
this  province,  havinfj  brought  to  a  cluse  the  duties  incumbent  on  me,  after  having  found 
integral  the  proceedings  in  all  its  parts,  I  dispose  of  them  by  sending  the  same  to  the  pres- 
ident of  said  council,  that  he  may  act  accordingly. 

"The  Prosecuting  Attorney, 

"EVARISTO  AYBAR. 
"  Azu.\,  29tA  of  September. 

"  Procedure. 

"I,  the  undersigned  secretary,  certify  that  these  proceedings  were  immediately,  and  with 
due  attention,  sent  to  the  citizen  president  of  the  counc.'l  of  war,  containing  thirty-scYeu 
pages  ;  date  ut  supra. 

"RAFAEL  GARRIDO  SOSA, 

"  Secretary. 

"  *GOD,  COUNTRY,  AND  LIBERTY.'— DOMINICAN  REPUBUC. 

"  Citizen  :  The  undersigned,  defender  of  the  accused,  Davis  Hatch,  begs  to  say  to  you 
that  the  declaration  of  General  Federico  de  Jes&s  Garcia,  respectiugr  the  powder  which  he 
found  in  the  house  of  said  Hatch  on  his  entrance  into  Barahoua,  is  necessary  to  his  de- 
fended, and  not  being  able  to  have  said  general  called,  for  finding  himself  absent  from  this 
city  on  important  duties,  and  supposing,  as  it  is  natural,  that  he  has  already  notified  to  the 
delegation  of  the  government  respecting  the  fact  alluded  to,  I  beg  of  you  to  have  the  kind- 
ness of  asking  from  the  citizen  general  delegate  information  (if  he  have  any)  about  the 
same  matter,  which,  after  being  obtained,  lie  begs  to  have  it  annexed  to  the  list  of  proceed- 
ings against  his  defended.  At  the  same  time,  he  also  requests,  it  being  convenient  to  you, 
to  have  appear  in  the  ball  of  this  council  of  war  the  person  of  Fernando  Felix,  as  a  favor- 
able witness,  who  will  be  found  in  the  section  of  Pueblo  Viejo,  and  at  the  house  of  Mr. 
Bonifacio  Suero.     '  God  and  liberty.' 

"JUAN  MIRANDA. 

"AZUA,  September  2d,  1869. 

"Citizen  President  of  the  Council  of  War  of  this  Province. 

' '  Procedure. 

'  The  above  solicitation  having:  been  taken  in  view,  have  its  particulars  sent  to  the  citizen 
delegate  of  the  government,  so  that,  after  his  examination,  he  may  inforin  the  council  of 
war  of  what  is  asked  for  further  proceedings,  and  to  summon  Mr.  Fernando  Felix  on  the 
the  day  of  audience. 

"AzUA,  29</j  of  September,  1869. 


"  The  President, 

"JULIAN  PEREZ. 


Procedure. 


"  I,  the  undersigned  secretary,  certify  that  immediately  after  I  presented  and  handed  over 
to  the  citizen  general  delegate  of  the  government  the  written  judicial  proceedings,  I  also 
sent  a  note  to  the  citizen  commander  of  arms  for  the  presence  of  Mr.  Feruando  Felix,  date 
ut  supra. 

"RAFAEL  GARRIDO  SOSA, 

' '  Secretary. 

"  There  is  a  seal  on  which  are  stamped  the  following  words  :   '  God,  country,  and  liberty.' 

"DOMINICAN   REPUBLIC,  VALENTIN   RAMIREZ  BAEZ,  GENERAL  OF  DIVISION  AND  DELEC-VTR 
OF  THE  GOVERNMENT  IN  THE  PROVINCE  OF  AZUA— NUMBER  14.'),"). 

"  Citizen  :  In  answer  to  the  solicitation  addressed  me  on  this  date,  and  respecting  the  one 
your  eceived  from  the  citizen  Juan  Miranda,  in  his  capacity  as  counselor  of  the  accused, 
Mr.  Davis  Hatch,  I  state  to  you  that,  from  the  proceedings  initiated  by  General  Garcia  at 
Barahoua  on  the  14th  day  of  August,  for  the  inquiry  of  the  deeds  that  took  place  in  that 


78  DAVIS    HATCH. 

towD,  it  appears  tlint  at  Mr.  Hatch's  house  were  found  a  barrel  and  a  half  of  flour,  a  num- 
ber of  balls  uianutactured  iu  the  same  house,  tliirty-tuo  cans  of  powder,  two  pounds  an  1  a 
half  of  lead,  half  a  ream  of  paper,  and  several  books  and  documents  belono^iug:  to  the  oifices 
of  Samaca,  whLch  were  taken  there  by  the  pirates  of  the  steamer  Telegrafo.  Some  of  these 
eftects  are  deposited  in  this  town,  and  are  the  paper,  lead,  and  twenty -six  cans  of  powder, 
and  which  are  at  the  disposition  of  the  counsel  as  objects  of  conviction.  I  state  this  for  your 
guidance.     '  God  and  liberty.' 

"  VALENTIN  KAMIREZ  BAEZ. 

"AZUA,  September  29,  1869. 

"  Citizen  PiiESlDEXT  of  the  Council  of  War  of  tins  Province. 

"  DOMINICAN  REFURLIC. 

"  Citizen:  The  undersigned,  counselor  of  the  accused,  Davis  Hatch,  states  to  you  that 
bis  defended  has  expressed  to  him  the  necessity  he  has  of  some  documents  to  be  found  in 
his  trunk  iu  the  capital,  and  for  which  reason  begs  from  the  competent  authority  a  proroga- 
tion of  the  case  for  the  time  used  in  obtaining  them  ;  therefore  I  beg  of  you  to  accede  to 
the  demand,  if  it  be  convenient.     '  God  and  Liberty.' 

"JUAN  MIRANDA. 

"AzUA,  Septernher  30,  1869. 

"  Citizen  President  of  the  Council  of  War  of  this  Province. 

"  Notify  the  same  to  the  prosecuting  attorney,  that  he  may  give  his  opinion  on  the  matter 
at  the  proper  time. 

"AzUA,    October  1,  1869. 

"The  President, 

"  JULIAN  PEREZ. 

"  The  prosecuting  attorney's  conclusioti. 

"  Respectarle  counsel  :  Resulting,  that,  from  the  process  initiated  against  the  prisoner 
Davis  Hatch,  a  criminal  deed  ajjpears,  according  to  the  existing  military  penal  code,  which 
subjects  him  to  the  jurisdiction  of  the  council  of  war,  in  conformity  with  a  decree  of  the  exe- 
cutive power,  dated  January  14th  ultimo,  and  uhicli  declared  the  province  iu  a  state  of 
siege  Resulting,  that,  fmni  the  declaiations  registered  jn  the  pioceedings,  the  partiality 
practiced  liy  the  mentioned  Hatch  to  the  insurgents,  during  tlieir  permanence  in  Baraliona, 
and  place  of  residence  of  the  prisoner  Hatdi,  it  is  fully  proved,  for  the  witnesses  in  their 
declaration  say  that  the  prisoner,  Flatch,  offered  his  house  as  a  lodging  place  to  the  chiefs  of 
the  faction,  and  its  accessories  as  a  depo>it  and  arsenal.  Resulting,  tluit,  by  a  document, 
which  can  be  seen  on  the  Ifjth  page  of  the  proceedings  jnacticed  in  San  Domingo  in  the 
month  of  Deceudjer,  by  Viw  citizen  governor,  Damian  Baez,  it  is  proved  that  lie  lias  since 
then  lieen  conspiring  against  tlie  legitimate  government,  and  entic(^s  for  tlie  puipose  of  ur.- 
settling  tlie  order  of  things  established.  Considering,  that,  should  the  accused.  Hatch's 
rash  and  tenacious  ideas  have  been  brought  to  a  realization,  the  country  to-day  would  have 
seen  itself  ])lunged  into  tlie  most  raging  anarchy,  deploring  the  utHuence  of  a  monetary 
system  whicli  lias  been  the  cause  of  the  destruction  of  tlie  largest  capitals  of  the  republic. 
Considering,  tliat,  if  the  accused,  Hatch,  in  his  cinality  as  a  stranger,  does  not  care  wiiat 
kind  of  govt'iniiieiit  be  adopted,  it  is  much  less  peiiiiilted  him,  in  liis  said  quality  to  desire  to 
change  liie  legitiiiiute  form  of  goveriunent  ct  order,  enligiitenment,  aiul  pidgress  for  a  lawless 
one,  without  restraint,  and  which  may  in  justice  be  called  a  gang  of  war-like  robbers. 
Considering,  lastly,  that,  as  neither  the  accused  nor  his  defender  could  say  anything  that 
might  lessen  in  part  the  different  charges  that  have  been  brought  against  him  in  these  pro- 
ceedings, whicli  occujiy  to-day  the  important  attention  of  the  lionorable,  council,  tlie 
prosecuting  attoini'y  ciiiicludes  by  stating  that  it  is  siilticieiitly  proved,  by  what  has  been 
already  exposed,  that  tlu^  jiiisoner,  Davis  Ilat(di,  a  nalivc;  of  tlie  United  Slates  of  North 
America,  Ims  for  some  time  been  meddling  with  the  alVairsof  the  country,  lliriving  unfaith- 
fully, shielded  by  the  nationality  without  taking  into  considoratiou  that  the  Dominicuu 
Rc^imblic  is  ruled  liy  a  legtiinale  government,  and  ]iosseses  zealous  magistrates  and  wise 
laws,  that  make  it  invulnerable  to  any  aggression.  In  conse(|ueiice  thereof,  (lie  prosecuting 
attorney  declaies  the  aforemciilioiieil  prisoner,  I'avis  Hatch,  ciilpabli^  of  ihe,  crime  of  en- 
ticement, in  coiiroriiiity  with  the  lirty-ninth  article  of  the  existing  mililaiy  jn'iia!  code,  iu 
its  third  and  Iburth  incises,  and  riglity->ixtli  arlicU-  of  the  piMial  common  cole  of  the  last 
edition  of  the  year  IH(i7,  in  its  last  part,  ic'seiving  to  himself  i lie  wise  ainl  respectable  decis- 
ion (d'the  honorable  c(.>iiiicil,  so  as  to,  at  a  piopi-r  time,  iuvcdvc  the  punLiliinent  oi-  make  his 
objectiouH. 

"  The  Prosecuting  Attmnev, 

"EVARISTO   AYBAR. 

"AzuA,  Ociobir  J,  1-G'.). 

"  f)ifittsr. 

"  RESrKcr.Allf.E  Col'NCIl, :  Having  been  called  upon  and  selected  by  the  accused,  Davis 
Hatch,  a  citizen  of  the  I'nited  Stulc's  ol  Ameiiea,  to  aid  him  in  liii  defense  respecting  the  ac- 
cubution  which  is  to-day  made  against  him,  I  come   before  you  to  fuliill  my  trust.     1  confess 


DAVIS    HATCH.  79 

bcforcliaiiil,  tliat  my  most  limited  capacity  is  not  suffifient  to  uudertiike  so  ^reat  a  responsi- 
bility, not  because  1  believe,  nor  have  aJmitti^il  as  true,  tiie  charg^es  just  inad(!  against  liiui, 
but  yes,  because  tlie  innocence  of  my  detendeil,  oljscured,  as  it  is,  by  the  black  veil  of  acri- 
mony, needs  a  superior  and  more  able  head  than  mine  in  order  to  mak(!  clear  the  rrasons  that 
militate  in  his  favor ;  liut,  however,  my  earnest  desire  and  your  indulgence  will  fully  replace 
my  insufficiency.  The  mission  of  the  lawyer,  and  which  I  to-day  undertake,  is  of  coinmeiit- 
injjf  upon  the  proceedings  in  their  true  light,  and  of  refuting  the  prosecuting  attorney's  accu- 
sation in  all  that  it  be  accessible,  ))resenting  the  jury  an  analysis  of  tin;  circumstances  that 
favor  my  defended.  This  is  the  task  I  will  so  badly  undertake,  and  for  which  I  beg  of  this 
honorable  council  the  favor  of  dedicating  to  me  their  whole  attention,  as  this  case  is  in  its 
nature  of  a  great  magnitude.  I  will  immediately  begin,  taking  as  a  starting  point  the  list 
of  proceedings  which  cause  the  accusation.  The  declarations  taken  from  the  witnesses  in 
this  dispatch  nearly  all  attest  that  the  house  of  my  defended  served  as  a  deposit  for  the  effects 
of  war  of  the  insurgents,  as  well  as  for  the  manufacturing  of  cartridges  to  war  against  the 
government ;  but  though  this  be  true,  we  must  also  attend  to  the  fact  that  none  of  them  (de- 
clared that  the  accused,  Davis  Hatch,  willingly  facilitated  his  house  that  it  uiight  serve  as 
a  deposit  and  arsenal,  as  is  proved  by  the  declaration  given  bv  the  witness  Francisco  Ter- 
vero,  in  which  he  states  he  di'l  not  know  the  motives  for  so  acting.  This  proves  the  uncer- 
tainty of  the  deed,  and  notwithstanding  the  coloring  that  the  prosecuting  attorney  gives  to 
it,  it  becomes  powerless,  null,  and  without  merit;  for,  moreover,  we  see  from  the  declaration 
given  by  my  defended,  that  if  he  had  lodged  the  rebels  Curiel,  Pujol,  and  Valverde,  it  was 
done  because  they  were  his  particular  friends,  which  he  could  do  without  incurring  in  any 
responsibility  whatever;  not  only  in  his  quality  as  a  stranger,  but  even  in  that  of  a  Domini- 
can, as  this  action  could  not  injure  him  in  solely  complying  with  the  duties  of  old  iViendship, 
especially  when  situated  in  the  manner  he  was,  when  things  were  in  an  unsettled  state  of 
neglect  and  conflict. 

' '  He  had  to  take  advantage  by  all  means,  as  a  measure  of  personal  security,  of  that  guar- 
antee offered  him  by  said  friends,  though  moineutarj'  and  fictitious,  they  beariug  the  char- 
acter of  command  among  the  rebels,  and  who  could,  at  a  given  moment,  injure  liis  person 
and  interests,  as  they  did  later  by  occupying  his  house,  availing  themselves  of  the  apparent 
immunity  which  their  criminal  condition  as  rebels  offered  them.  lu  this  same  charge  is  to 
be  found  an  implicit  circumstance  which  you  ignored  and  which  reuiains  proved  by  the  oral 
declaration  of  Fernando  Felix.  I  shall  lefer  to  said  circumstance  because  it  adds  much  iu 
proving  the  innocence  of  the  accused.  It  is  that,  when  Marcos  Adou  came  to  Barahona, 
and  by  means  of  force  took  possession  of  Mr.  Hatch's  house,  making  use  of  all  he  found 
in  it ;  and  as  said  Hatch  disagreed  as  to  its  occupation,  he  manifested  to  his  friends  his  un- 
willingness, protesting  verbally  against  such  violence  ;  and  as  said  friends  also  enjoyed  the 
rank  of  superior  chiefs,  disagreed  wiih  Adou,  which  resulted,  as  a  consequence,  iu  liis  retire- 
ment with  his  forces  and  deposited  effects,  as  also  the  aforenauied  Curiel,  Valverde,  and 
Pujol,  who,  fearing  an  assault  by  the  goverumeut  troops,  went  afterward  to  take  refuge  in 
Keyba,  or  some  other  place  that  they  may  have  offered  them  a  greater  security  than  Bara- 
hona, being  their  terror  such  as  to  have  left  several  things  at  the  house  they  abandoned. 
This  is  no  sophism.  It  is  the  declaration  of  my  client  aided  by  that  of  Fernaudo  Felix. 
Now,  gentlemen,  let  us  have  a  moral  principle.  Every  action  of  man  has  a  motive,  a  good 
or  evil  tendency,  very  well.  Proved  as  I  have,  with  the  aid  of  Fernando  Felix's  declaration, 
that  the  accused  Hatch  did  not  like  that  his  house  shoidd  be  occupied  by  Marco  Adon,  what 
Avas  the  cause  of  this  disagreement  and  what  did  he  intend  to  gain  by  his  opposition  ? 

'It  is  clear  and  evident  that  tliK  disagreeability  took  place  for  the  little  deference  lie  paid  to 
tiiat  state  of  things,  of  which  Adon  was  one  of  the  principal  chiefs,  and  Mr.  Hatch's  pur- 
pose, the  engendered  desire  of  not  serving  him  though,  compelled  so  to  do.  He  obtained  his 
object  by  doing  the  govenmient,  in  an  indirect  manner,  the  favor  of  demoralizing  and  re- 
ducing them  to  almost  nothing,  as  it  is  proved  by  the  non-resistance  of  the  rebels  when 
General  Federico  de  Jesus  Garcia  attacked  them.  Can  my  defended  deserve  the  heavy 
charge  imputed  agaiust  him,  rather  than  a  vote  of  thanks?  I  cannot  believe  it;  neiiher  can 
I  believe  that  others  could,  if  they  considered  and  reflected  more  inipartiallj'.  Tlie  witness 
Santiago  Talavera  states  that  my  defended  negotiated  the  notes  of  the  insurgents  ;  neither 
does  he  deny  it ;  but  although  this  witness  gives  to  this  circumstance  an  indefinite  character, 
1  will,  according  to  the  informations  1  possess  from  the  accused,  explain  the  nuinner  in 
which  it  was  done.  On  two  occasions  several  individuals  with  whom  he  had  business  pre- 
sented themselves,  proposing  him,  as  a  commercial  affair,  the  sale  of  three  or  four  notes  they 
possessed  ;  and  as  it  was  possible  that  tliese  individuals  might  have  been  nuiliciously  in- 
clined, he  feaied  and  was  compelled  to  accept  the  negotiation,  though  he  might  have  lost  the 
merchandise  given  in  exchange ;  for,  by  so  doing,  he  was  safe  from  a  sinister  that  might  have 
attempted  against  his  lite,  especially  when  those  people,  not  havingany  responsibility  what- 
ever, he  feaied  on  a  night  being  pillaged  by  them,  if  he  refused  to  accept  said  documents 
which  they  believed  to  have  been  of  some  value,  and  as  the  sum  was  so  small  as  not  to 
materially  injure  his  interests,  he  resolved  and  exchanged  said  notes  for  merchandise,  pro- 
curing them  at  a  heavy  discount,  thus  proving  the  little  faith  he  had  in  such  notes. 

•'  The  prosecuting  attorney,  among  other  of  his  charges,  states  "  that  it  is  proved  to  evi- 
dence that  my  defended  with  pertinacious  interest  had  endeavored  to  reside  iu  Barahona, 


80  DAVIS    HATCH. 

notwitlistandinfj  his  knowledge  of  that  place  being  menaced  hy  a  faction  he  designates  a 
•  gang.'  I  feel  sorry  to  refute  a  charge  which  evinces  the  mistake  incurred  by  the  prosecut- 
ing attorney  and  how  far  away  he  is  from  the  truthfulness  of  his  assertion  ;  yet  I  cannot  help 
doing  it,  for  as  his  statement  does  not  in  any  way  honor  my  defended,  but  on  the  contrary 
places  him  on  slippery  ground,  his  version  of  it  might  serve  to  create  a  similarity  of  opinion 
in  the  minds  and  pure  hearts  of  the  members  who  form  this  respectable  council.  When  the 
prosecuting  attorney  said  that  my  client  had  been  obstinate,  and  desired  pertinaciously  to 
live  in  Barahona,  &.C.,  he  did  not  bear  in  mind,  neither  did  he  care  to  state,  that  the 
pediment  for  said  permission  asked  by  the  consul  of  the  United  States  of  North  America  to 
the  citizen  minister  of  foreign  atfairs,  and  who  actuates  in  this  process,  was  made  on  the 
17th  of  June,  18G8,  and  its  concession  granted  on  the  '22d  of  the  same  mouth  and  year,  the 
time  when  no  such  a  faction  existed,  for  the  outbreak  headed  by  the  Ogandos  took  place  on 
the  Jst  of  September  last.  In  consequence  whereof,  the  entire  republic  enjoyed  perfect  tran- 
quility, and  the  town  of  Barahona,  enjoying  also  said  benefits,  was  occupied  by  the  legiti- 
mate authority  from  which  we  deduce  the  proof  of  the  enormous  error  committed  by  said 
prosecuting  attorney.  We  must  also  accept,  if  justice  is  administered  to  my  defended,  that 
his  instance  in  June  last  to  go  to  Barahona,  was  not  a  mere  caprice  nor  an  ill-founded  de- 
sire, and  less  with  a  sinistrous  view,  but  yes,  because  he  was  well  established  and  related 
there,  and  in  consequence  his  commercial  establishment  finding  itself  accephalous,  he  was 
compelled  to  return  in  order  to  attend  to  it,  a  reason  expressed  by  the  consul  of  the  Ameri- 
can Union  in  his  aforementioned  solicitation. 

"I  believe  to  have  clearly  expressed  myself  in  this  particular,  and  hope  your  indulgence 
will  accept  as  reasonable  my  objections  on  the  charge  already  alluded  to,  and  that  it  may  be 
annulled  by  your  conscience.  In  a  paragraph  of  the  act  of  accusation,  your  prosecuting 
attorney  also  expresses  himself  in  the  following  terms :  '  That  my  defended,  not  recognizing 
the  legitimacy  of  the  only  constituted  government,  and  recognized  by  his  own,  had  tratKcked 
bare  facedly  with  the  faction ;  negotiating  and  discounting  its  documents  of  credit,  and 
fraternizing  with  its  members  in  a  scandalous  manner.'  ■  It  is  a  sad  thing,  honorable  council, 
that  fear  should  be  thus  interpreted  and  qualified  with  such  acrimony,  for  Mr.  Hatch  acted 
in  a  precautionary  manner,  endeavoring  to  save  his  person  and  interests,  as  I  have  before 
stated,  because  he  found  himself  in  the  midst  of  a  horde  of  thieves,  and  it  is  singular  that 
a  circumstance  which  does  not  exist  should  be  presented  to  you  and  the  auditory  as  a  truth- 
ful one.  Did  Mr.  Hatch  in  fact  declare  that  he  did  not  acknowledge  the  legitimacy  of  the 
actual  government  ?  I  believe  he  did  not,  and  I  can  assure  he  expressed  that  he  did  not 
hold  as  legitimate  the  rebel  authorities,  but  only  as  mandarins  of  said  town,  then  in  a  state 
of  revolution,  which  was  the  truth.  On  the  other  hand,  does  the  act  of  his  having  received 
three  or  four  documents  in  a  conunercial  way,  proceeding  in  this  manner  through  precaution, 
merit  the  hard  name  of  a  bare-faced  rebel  trafficker,  and  the  unjust  charge  of  his  having  in 
a  scandalous  manner  fraternized  with  the  insurg(^nts?  I  believe,  gentlemen,  that  this  is  not 
right.  When  a  man  deliberately  connnits  a  ])unishable  act,  he  is  accused  ;  but  this  act  is 
presented  to  the  judge  in  a  trvithful  light,  but  never  exaggerated  by  versions  void  nf  veracitj-. 
If  my  defended  scandalously  fraternized  with  the  faction,  how  was  it  that  he  was  opposed 
to  Mdrcos  Aduii  occupying  his  house,  to  the  extreme  of  compelling  him  indirectly  to  retire 
to  Neyba  ? 

"This  is  a  circumstance  which  proves  the  unjust  acrinmny.  The  prosecuting  attorney 
considers  as  a  fact  that  my  defended  went  in  person  on  board  the  EnglLsh  brig  W.  l^.  Tor- 
rett,  in  order  to  take  from  on  board  a  case  of  powder  in  wins,  kcjit  by  the  captain,  and 
which  he  landed  at  Barahona,  taking  them  in  his  pockets  and  compt'lling  others  to  conceal 
a  [larl  of  the  same.  It  is  very  singular  to  me,  gentlemen,  the  mauni'r  in  which  this  act  is 
exaggerated,  taken  from  the  declaration  given  l)y  the  sailor,  William  Home,  adulterating  it, 
and  not  even  (|Uoting  his  own  words.  He  said  that  '  the  captain  of  the  English  brig  W. 
B.  Torreit,  after  his  arrival  at  Barahona,  w'ent  one  day  on  shore  in  the  company  of  the  ac- 
cused Hatch,  after  having  taken  eigliteini  ctins  of  powder,  of  which  said  llatcli  carried  si.x 
of  them  in  his  i)ockets,  and  that  on  the  following  day  the  said  ca])tain  carried  other  cans  of 
pi'wder  to  the  house  ol'  tli(^  aljove-meiitioiKMl  Hatch.'  It  is  my  object  to  make  clear  the 
erroneous  manner  in  which  the;  iirosecuting  attorney  expresses  himself,  as  also  to  comment 
upon  the  declaration  given  by  thc^  sailor,  William  Home.  I  shall  begin  by  the  first.  The 
prosecuting  attorney  will  excuse  mo  when  I  state  that  it  is  in  the  extreme  untrue  that  my 
defended  carried  cans  of  powder  in  his  pocket,  as  he  assures  it,  as  it  is  t'(|nally  untrue  that 
he  C(jmprllcd  other  persons  to  hide  ■•-aid  jxiwder  in  order  ttj  land  it  at  Barahona;  and  when  I 
say  untrue,  it  is  iiccause  I  mean  to  )irove  it.  The  captain  of  thi'  said  brig  brought  to 
Barahona  in  the  month  of  Novemiiiu'  of  the  past  year  (lyiirt)  a  case  whicdi,  among  other 
things,  contaiie'il  jiowder  in  cans,  and  whicii,  1  suppose,  was  a  contraband,  for  his  vessel 
was  visited  at  the  capital,  and  could,  nevertheless,  como  with  it  to  that  j)ort,  where  ho  wa.s 
to  load  ;  whether  it  came  public  or  liidden,  my  (lefendcd  was  not  obliged  to  know  or  to  in- 
vestigate. He  bouglit  from  said  captain  a  <iuantity  of  cans  of  powijer,  and  also  received 
six  of  condensed  milk,  which  a  frii-nd  of  his,  calli'd  Smith,  n'til  him  from  Siiint  'I'houias,  of 
wliich  In;  says  hv  still  has  one  in  iiis  trunk,  to  Ik-  found  in  the  caiiital.  TIk'sc,  cans  of  milk 
were  the  same  that  my  defended  brought  on  short-  in  his  jKickcts,  and  seen  by  the  sailor, 
William  J  lime,  who,  in  bis  barefaceduess  and  under  oath,  assured  they  were  powder,  when 


DAVIS    HATCH.  81 

tbey  ciime  hprmctieally  sealeJ,  and  wlien  neither  be  nor  anybody  else  could  assure  tlmt  tliey 
Kiiw  in  the  pockets  of  the  accused  but  a  lew  cuus,  and  never  specify  their  couteuts,  as  he  did, 
so  that,  through  his  fa'sehood,  my  defended  could  be  acrimiiiated.  I  could  object  to  the 
witness,  not  alone  lor  that  I  iiave  already  stated,  but  also  for  his  liaviiig  been  in  open  hos- 
tility with  tlie  captain  of  the  said  brijr  ;  but  I  shall  not  do  so,  because  I  gee  in  tiie  trans- 
porlati(ui  of  these  Cfiiis  of  powder  to  the  ln'use  of  my  defended,  his  iu^plicit  innocence.  The 
jidiahitants  ot  the  whole  pioviiice,  and  perhaps  tliose  of  the  capital,  all  knew  of  a  commer- 
cial estublisliuu'nt  existing  in  Baialiona  under  the  name  of  Davis  Hatch  ;  in  consequence 
thereof,  it  is  admitted  that  ho  speculated  in  buying  anil  selling,  and  lor  this  reason  the  ac- 
cused bought  of  the  captain  of  the  English  brig  \V.  B.  Torrett  a  nundjer  of  cans  of  powder, 
and  which  were  to  be  sent  to  liis  establishment.  This  negotiation  which  took  place,  as  any 
other  ciuild,  between  tlie  same  captain  or  anybody  else  who  might  have  arrived  to  that  port, 
had  for  an  object  what  all  commercial  transactions  liave,  that  is,  to  sell  aud  to  gain,  and  it 
is  so  nmch  so  that  the  witness,  Fernando  Felix,  declared  betbre  this  audience  tohave  bouglit 
powder  from  my  defended  in  order  to  shoot  pigeons,  as  would  also  have  declared,  if  they 
had  been  present,  the  citizens  Sinlbroso  Batista  and  EuladislaoPereyra,  who  also  bought 
powder  from  the  witness  Santiago  Talavera,  he  being  one  of  those  who  sold  said  article. 
All  this  gives  a  clear  and  evident  idea  that  while  negotiating  it  this  was  the  only  object  he 
liad  in  view,  aud  never  that  they  endeavoied  to  attribute  him,  of  his  having  sold  said  pow- 
der to  aid  the  plans  of  the  rebellious  faction  which  existed  then  on  the  heights  of  Panzo,  so 
distant  from  Barahoua  ;  and  this  is  so  certain,  that  he  only  retailed  his  powder  to  particular 
pers<uis,  and,  as  he  says,  that  as  soon  as  the  government  abandoned  the  town  of  Neyba  lie 
did  the  rest  on  the  tiat  roof  his  house,  foreseeing  an  eventuality,  leaving  only  two  or  three 
pounds  that  his  cleiks,  Eamou  llolinaand  Tomas  A'illanueva,  might  huut  with.  lu  addition  to 
all  these  circumstances,  as  referred  to,  I  must  state  another  one,  superior  to  all  of  tliem,  and 
which  I  present  you  as  an  argument.  If  to  my  defended  is  to  be  attributed  a  captious  conduct 
by  the  introduction  of  said  powder,  and  that  he  had  the  intention  therewith  to  favor  the  insur- 
gents, why  tlien  in  their  moments  of  conflict  did  he  not  place  it  at  their  disposition,  when  they 
found  themselves  in  Barahona  without  any  other  anununitions  than  those  brought  them  by 
the  pirate  steamer.  The  reason  is  quite  clear.  Because  he  had  none  for  them,  and  did  have 
some  to  be  sold  especially  to  the  pigeon  hunters  of  that  town,  which  is  also  proved  by  the 
little  that  existed  and  was  found  by  General  Federico  de  Jesus  Uarcia,  when  he  entered 
liaraluma,  aud  searched  by  force  the  house  of  the  accused  Hatch.  Notice  the  certificate 
given  by  the  delegation  of  the  government  which  almost  proves  the  fact.  Tiie  different 
points  wliicli  my  defense  embraces  have  been  concreted  till  now  in  refuting  the  attorney'.s 
accusation,  as  well  as  in  commenting  upon  the  declarations  found  in  these  proceedings.  I 
would  have  finislied  by  this  time  my  task,  but  as  iu  the  latter  part  of  the  accusation  he 
adi.s  other  accumulations  worded  thus,  '*  He  having  knowingly  seconded  the  enterprises  of 
the  enemy,  lending  them  his  aid  in  the  quality  of  a  stranger,  and  most  efficaciously  endeav- 
oring to  sustain  the  faction,  providing  them  with  goods  and  merchandise,  also  negotiating 
their  drafts,  wliicli  he  borrowed  in  order  to  furnish  them  the  necessaries."  all  of  which, 
though,  I  have  destroyed  by  my  elucidations,  I  must,  notwithstanding,  in  truth,  contradict 
these  accumulations  attributed  to  uiy  defended  acriminating  him  still  more.  Kegaiding  his 
liaviiig  knowingly  seconded  the  plans  of  the  enemy,  &c.,  there  does  not  exist  in  the 
actual  process  a  single  declaration  that  can  prove  such  criuie,  and  in  reference  to  his  having 
most  efficaciously  endeavored  to  sustain  the  faction,  providing  it  with  merchandise,  there  is 
iieitlicr  one  who  had  dechired  a  word  about  it,  and  less  of  his  ever  having  honored  their 
drafts  iu  order  to  provide  them  with  cash  for  the  iusigniticaut  negotiation  of  three  or  four 
notes  between  him  and  private  individuals  for  merchandise,  and  to  which  I  alliuled  in  the 
beginning  of  mj'  defense,  was  not  enough  to  afford  sufficient  means  for  the  exigencies  of  a 
revolution.  Thus  I  suppose  the  prosecuting  attorney  labored  under  a  gieat  mistake  when 
he  so  expressed  himself.  I  believe,  honorable  council,  that  in  commeniing  on  the  proceed- 
ings and  refuting  the  prosecuting  attorney's  act  of  accusation,  I  have  tilled  my  object  of 
convincing  you,  even  to  evidence,  that  my  defended  did  not  proceed  in  the  manner  nor  with 
the  intention  of  hostilizing  the  legitimate  government  as  was  attributed  him,  and  that  all 
what  the  proceedings  against  him  proved,  is  a  mere  fiction,  more  especially  so  when  taken 
into  consideration  that  he  was  at  that  time  alone  and  abandoned,  aud  under  the  imperious 
necessity  of  obeying  a  greater  force. 

"  1  shall  now  coi;sider  the  question  in  its  legal  point  of  view;  therefore,  I  hope  you  will  at- 
tend to  me  with  a  willing  ear,  for  if  you  do  not  pay  attention  to  the  present  case,  though 
provided  for  as  it  is  by  our  wise  legislation,  you  might  give  iu  consequence  au  unjust  sen- 
tence, which  will  directly  weigh  ou  your  consciences  ;  as  3'ou  should  above  all  have 
present,  that  by  the  decree  of  the  executive  power  dated  the  I4th  of  January,  of  this  year, 
your  sentences  are  without  appeal,  and  that  by  this  only  resource  being  suspended,  you 
ought  to  meditate  well  what  you  do  before  erroneously  authorizing  with  yoiu'  signatures  a 
juridicial  murder,  or  any  other  bad  condemnation.  To  your  due  appreciation  is  submitted 
the  teirible  attorney's  accusation,  as  will  also  be  my  feeble  defense.  The  foruier  with  its 
versions  places  mj^  defended  under  the  command  of  the  fifty-ninth  article  of  the  (common) 
military  penal  code  in  its  fourth  incise,  and  of  the  eighty-sixth  article  of  the  comuion  penal 
code  of  the  national  edition,  on  which  I  pass  to  give  you  a  lew  reflections  ou  what  I  think 
is  jutt  and  right.     The  pretended  use  of  the  lifly-ninth  article  is  au  evil  one,  for  although 

S.  Kep.  234 6 


82  DAVIS    HATCH. 

this  proviuce  is  in  an  actual  state  of  seige,  and  all  cases  are  embraced  in  tlie  jurisdiction  of 
the  council  of  war  that  has  to  deliberate  on  all  criminal  affairs,  that  is  not  to  say  that  you 
must  imperiously  judgje  according  to  the  military  code.  You  are  militarily  organized, 
this  being  your  condition;  but  you  should  never  make  use  in  all  its  parts  of  the  niili 
tary  code  which  corresponds  exclusively  to  those  of  your  rank,  only  according  to  for- 
mula, but  never  in  the  application  of  its  articles.  I  allude,  in  aid  of  my  exception,  to  the 
literal  contents  of  the  seomd  article  of  your  military  penal  code  in  its  first  incise,  which 
says:  'Are  called  transgressions,  crimes,  and  military  faults  those,  1st.  The  voluntary 
actions  or  omissions  committed  by  the  militia  in  the  exercise  of  their  military  functions, 
not  mattering  the  place  they  be  committed  at.'  I  desire  to  state  by  this,  calling  your  atten- 
tion on  it,  that  the  present  accused  is  not  a  military  man,  but  a  foreign  citizen,  hoping  that 
you  Avill  declare  as  improper  the  a]iplication  of  the  military  code  and  select  in  pretVieuce  the 
common  penal  code,  under  which  jurisdiction  my  defended  is  placed.  As  by  the  diversity 
of  charges  brought  against  my  defended  by  the  prosecuting  attorney  places  him  under  the 
jurisdiction  of  the  eighty-sixth  article  of  (he  common  penal  code  I  will  state  that  tliis  also, 
according  to  its  contents,  imposes  the  pain  of  death,  as  also  the  aforesaid  fifty-ninth  article, 
to  'all  tho.se  who  might  have  directed  an  association  raising  or  made. to  raise,  organizing  or 
made  to  organize,  bands  or  gangs,  and  wlio  knowingly  and  voluntarily  would  facilitate  and 
provide  them  with  arms,  ammunitions,  or  instruments  for  the  crime,  or  would  have  sent 
them  convoys  of  provisions,  or  who  in  any  other  manner  would  have  been  of  accord  with  tho 
chiefs  of  the  gang,'  and  I  present  yon  this  argument.  Has  my  defended  ever  directed  any 
association  whatever,  or  does  he  find  hnnself  within  the  jurisdiction  of  the  aforementioned 
cases?  No;  and  in  order  to  merit  this  interpretation,  terrible  in  its  consequences,  he  ought 
to  have  been  convicted  of  his  culpability  by  the  voluntary  intervention  he  might  have  had 
with  the  enemies,  and  if  you  give  the  proper  merit,  ot  which  I  am  a  creditor,  to  the  reasonings 
I  have  manifested,  it  is  proved  that  my  defended,  in  every  Avay,  acted  under  the  fear  of  a 
greater  force,  and  you  ought  to  declare  him  out  of  the  limits  of  the  eighty-sixth  article  This 
claim  that  I  iiave  just  made  of  you  I  hope  may  not,  for  one  instant,  lead  you  to  believe  that 
it  was  through  a  natural  desire  of  being  successful  on  this  occasion  by  means  of  the  feeble 
defense  I  now  present.  No;  it  is  the  authorization  I  have  for  it  found  in  the  sixty-fourth 
article  of  the  common  penal  code  of  the  French  edition,  which  states:  'There  is  no 
crime  nor  fault  committed  when  the  prisoner  was  in  a  state  of  insanity  at  the  moment 
of  action,  nor  when  he  had  been  compelled  by  a  force  he  could  not  resist.'  I  will  now  finish, 
and  3'ou  will  excuse  me  if  I  have  been  diffuse,  molesting  your  attention.  You  are  to  judge 
and  sentence  on  the  criminal  acts  attributed  to  the  accused  Davis  Hatch.  1  submit  myself 
to  your  good  faith,  honesty,  and  conscience,  and  in  a  case  of  such  importance  I  cannot  help 
to  state  again  that  all  the  proceedings  of  man  (as  a  celebrity  in  law  iiad  declared)  are  not 
properly  human  acts,  because  he  is  not  an  absolute  master  of  all  of  tliem ;  that  in  order  to 
merit  or  demerit  they  must  be  free  and  proceed  from  iiis  own  will,  when  said  faculty  works 
of  accord  and  freely  in  the  action,  tiiat  is  to  say,  wilh  deliiicrate  intention,  choosiug  in  a  free 
and  spontaneous  manner  between  these  two  ab.sulute  extremes  :  to  act  or  not  to  act.  'I'hat  on 
tlie  strength  of  this  indeclinable  principle  of  eternal  and  universal  moral,  neither  before 
God  nor  before  society  cau  the  actions  of  nnin,  no  matter  how  criminal  the}'  miglit  be,  bo 
imputed  or  punished  with  the  severit}' they  merit,  when  consunnnated  witiiout  his  determina- 
tion or  free  will.  My  defended  finding  liimself  under  similar  circumstances,  I  ask  you  to 
declare  him  free  and  innocent,  the  sixty-fourth  article  of  the  connnon  penal  code;  thus  excus- 
ing him  from  all  charges.     I  have  finished. 

"JUAN  MIRANDA. 
"  AZLA,  October  ],  1869. 

"DOMINIC.'^M   RKI'linUC. 

"  The  council  of  war,  after  having  retired  to  the  deliberative  chamber  and  having  before 
them  the  articles 'i'JO,  '221,  and '22'2  of  tlie  existing  military  penal  code,  the  ])vesident  ])ro- 
posed  the  following  tjuestion  :  Whether  the  accuse*!  David  Utitcli  is  culpable  of  the  deeds 
imputid  (igainst  liim.  Immediately  eadi  judge  gave  his  o))iuion,  beginning  liy  the  inferior 
and  ending  by  tlie  presi(h'nt ;  IIm-  answers  of  eMcJi  judge  were  received  by  tli(^  secretary,  aiul 
having  been  balloted,  resulted  an  absolute  miijority  of  votes  declaring:  Tfiat  the  accused 
David  Hutch,  yes,  was  cul]ial)lc  of  tiie  deeds  imputed  against  hiu>.  After  which  liio  session 
was  dosed,  it  Ijeing  1 1  p.  m. 

"At  Compostela  de  Azuu  on  the  Ist  of  October,  ]8()'.). 

".HILT AN  I'KKKZ. 

"D()MIN(J<»  I)K  DA  CRUZ. 

"DDbSKS  MIDO. 

".JOSK  DK  I'KNA. 

"M.\TDV.S  DIAZ  I'IMENTED. 

"DAVID  MKNDKZ. 

".JOSf;  LAtJAIx'KS. 

"KAKAEL  (;AliinDO,  Secretary. 


DAVIS    HATCH.  83 

^'Sf.ntencc. 
"cod,   country,    and  LIUERTV,    DOMINICAN  REPUBMC. 

"  The  council  of  war  of  tlie  city  of  Compostela  ile  Azua,  legally  conj^rcgated  in  the  hall  of 
its  session?,  composed  of  tlie  citizmis  Colonel  Julian  Porez,  president;  Lieutenant  Colonel 
Domintjo  de  la  Cruz,  vice-president,  and  voters  Captiun  Jose  de  Pena,  Lieutenants   Ulises 
Bido  and  Mafias  Diaz  Piinenta!,  and  Sub-Lieutenants   David   Mendez  and   Jose  Laj^ares, 
assisted  by  the  colonel  of  the  artny,  Evaristo  Nybar,  prosecuting  attorney  for  said  council, 
and  the  undersigned  secretary,  liaiael  Garrido  Losa;   and  having  before  them  a  copy  of  the 
Jaw,  have  pronounced  the  following  sentence:  In  the  criminal  proceedings  initiated  against 
the  prisoner,  Davis  llatci),  a  native  of  the  United  .States  of  America,  of  fifty -six  years  of  age, 
married,  a  merchant  by  trade,  residing  in  Barahona,  accused  of  the  crime  of  enticement  and 
communicating  with  the  enemy  of  the  legitimatelv  constituted  government,  and  after  having 
seen  the  act  of  the  citizen  governor  of  the  province,  dated  the  'J.iylh  of  September  past,  re- 
mitting the  process  against  the  prisoner  and  liis  antecedents  added  to  the  actuations.    Having 
seen  the  act  of  the  prosecuting  attorney,  anrhorized  by  the  secretary  of  the  council,  to  have 
the  person  of  the  prisoner  identified  within  twenty-four  hours  after  the  receipt  of  the  list  of 
proceedings,  with  the  intelligence  that  lie  v,as  to  be  submitted  under  the  jurisdiction  of  the 
council  of  war,  in  virtue  of  the  decree  issued  by  the  executive  power,  dated  January  14th, 
which  declares  this  province  to  he  in  a  state  of  siege,  as  well  as  the  opportunatc  notice  given 
hiin  to  select  a  person  that  might  aid  him  in  his  defense.     Having  seen  the  act  of  these  for- 
malities which  precede  the  judgment  filled,  and  that  the  prisoner  api)ears  free  and  without  irons; 
having  seen  the    act  of  accusation  with  the  charges  v.'hich  result  against  the  prisoner, 
which  was  notified  him,  giving  hiin  a  copy  of  them,  and  having  heard  the  exposition  of  the 
proceedings  and  the  recapitulation  of  the  deeds  by  the  public  ministry.      Having  heard  the 
oral  deposition  of  the  witnesses  against,  and  found  in  the  list,  which  depositions  were  givea 
separate  and  simultaneously,  previous  the  customary  oath  and  the  affirmation  of  being  in  no 
way  according  to  law  related  to  him.      Having  heard  the  accused  in  his  means  of  defense, 
by  his  defender,  the  citizen  Juan  Miranda,  who  says:  That  attending  the  general   circum- 
stances that  militate  in  favor  of  his  defended,  asks  he  be  declared  free  and  innocent,  for  thus 
excusing  him  from  all  responsibility  the  sixty-fourth  article  of  the  penal   code.     Having 
heard  the  conclusions  of  the  prosecuting  attorney  of  the  council,  who  says :  That  he  de- 
clares the  aforesaid  prisoner,  Davis  Hatch,  culpable  of  the  crime  of  enticement,  in  confor- 
mity with  the  fifty-ninth  article  of  the  military  penal  code  in  existence,  in  its  third  and  fourth 
incises,  and  of  the  eighty-sixth  of  the  common  penal  code  of  the  last  edition,  of  the  year 
18G7,  in  its  final  part.      Having  heard  the  debates  of  the  prisoner  and  his  defender  until  they 
could  reply  no  longer;  having  examined  the  acts,   and  constituted  a  council  of  war  into 
judges ;  it  declared  the  culpability  of  the  prisoner,  Davis  Hatch,  the  council  of  war  consti- 
tuted into  a  lawful  tribunal,  resulting :  That  according  to  the  declarations  of  the  witnessess 
it  appears  that  the  prisoner,   Davis  Hatch,  received  in  his  house  at  Barahona  the  order, 
drawn    by   the   administrator   and   commandant   of  arms   of    the   faction,    and   delivered 
without   any    pretext   or  inconvenience   whatever,    the   goods   and   provisions  which   he 
kept   as    a    guardian    or   a  depository    to   that   effect,   resulting:    That   as  it  is   in    the 
same   manner   proved  of    his   having  been   in   tire   custom   of   admitting  at  a   discount 
the  notes  that  were  reissued  by  the  faction  against  its  own  imagined  credit,  for  they  did  not 
appear  drawn  against  any  treasury,  and  only  had  the  value  which  the  acceptation  of  the 
prisoner  was  willing  to  give  them  to  carry  out  their  plans,  resulting  :  That  not  only  by  the 
sworn  testimony  of  the  witnesses  of  the  case,  but  also  by  the  confession  of  the  same  prisoner, 
he  spontaneously  offered  his  house  of  habitation  to  the  leaders  of  the  faction,  who  he  enter- 
tained as  guests,  resulting:   That  by  a  similar  testimony  and  confession  it  remains  proved 
that  the  house  of  the  prisoner  Hatch  was,  in  Barahona,  the  arsenal  where  balls  and  car- 
tridges were  manufactured  in  order  to  hostilize  the  legitimate  government,  it  being  a  de- 
monstrated fact  that  the  domicile  of  the  prisoner  united  all  the  possible  characteristics  of  ag- 
gression ;   that  is  to  say,  that  it  was  converted  into  a  warehouse  of  the  faction,  into  their 
general  lodging-house  and  arsenal,  all  under  the  cloak  of  neutrality;  which  is  to  be  pre- 
sumed in  the  inofifensive  stranger  who  understands  his  duty,  resulting:   That  as  the  prisoner 
reiterated  the  same  acts,  lor  as  it  app^nirs  from  the  correspondence  between  the  citizen 
minister  of  foreign  affairs  of  this  republic  and  the  consul  of  the  United  States,  grave  motives 
occasioned  the  measure  of  his  being  called  back  to  the  city,  far  from  the  theatre  of  his  hos- 
tile communications  with  the  enemy,  and  that  when  the  government  acceeded  to  the  sup- 
plications of  permitting  him  to  return  there,  it  reserved  every  right  to  act,  according  to  its 
inherent  sovereignty   and  the  laws  which  govern  the  state.     Considering,  that  the  deposi- 
tions of  the  witnesses,  besides  being  a  legal  truth,  in  accordance  to  their  number,  conditions, 
and  concordance,  it  is  also  in  a  great  measure  corroborated  by  the  confession  of  the  accused, 
which  should  be  admitted  as  a  moral  certainty  that  aids  judges  in  sentencing.     Considering, 
that  the  alluded  confession  embraces  all  the  legal  requisitions  that  constitute  it  and  proves 
it  indeclinably,  for  an  individual  of  age  spontaneously  consented  to  make  it,  declaring  against 
himself,  in  presence  of  the  judge  of  the  case,  during  the  proceedings,  and  without  a  repugnance 
as  to  nature  and  her  laws.    Considering,  that  the  spontaneous  hospitality  accorded  by  the  ac- 


84  DAVIS    HATCH. 

cused  to  tlie  leaders  of  the  faction,  his  intimacy  and  commerce  with  them,  cousfituto  a  criminal 
understaiidino^  with  the  enemies  of  the  government.  Considering  that  the  manufacturing  of 
ammunitions  of  war  verified  in  his  hou^e  and  his  incessant  desire  of  procuring  resources  to 
the  faction  prove  an  understanding  with  the  interior  enemy,  constituted  into  gangs,  and  his 
most  decided  spirit  of  seconding  their  fearful  plans,  and  having  seen  the  ilecree  of  the  gov- 
ernment dated  ]4th  (f  .January  of  the  present  year,  in  its  first  and  second  articles,  and  the 
fiftj'-eighth  and  iift;. -^inth  ff  the  existing  military  penal  code  in  its  incises  3d  and  -1th, 
the  eighty-sixth  of  the  common  penal  code,  and  the  128th  of  the  above-mentioned  military 
hat  specify  :  Article  1st.  Is  declared  in  state  of  siege  the  entire  jurisdiction  which  embraces 
the  province  of  Compostela  de  Azua,  including  the  city  of  the  same  name.  Article  2d.  In 
consequence  of  the  anterior  article,  all  crimes  and  faults  perpetrated  after  the  publication  of 
this  pieseiit  decree,  are  to  be  submitted  to  the  competence  of  the  existing  military  penal 
code,  without  any  exception  whatever.  Article  ot^th.  All  culpable  of  enticement  or  en- 
deavors to  entice  shall  be  punished  bj'  death.  Article  CDth.  They  are  reputed  as  culpable 
of  enticement,  those  who  are  in  connnunication  with  the  interior  or  exterior  enemies  of  the 
republic,  with  the  view  of  facilitating  them  an  entrance  into  the  territory  or  its  de- 
pendencies. 4th  incise.  Those  who,  that  with  the  object  expressed  in  the  above  para- 
graph, should  second  the  enterprises  which  might  be  directed  against  the  republic,  or 
should  become  criminals  of  misfeasance,  exciting  the  militia,  marines,  or  other  employes 
or  citizens  to  violate  the  fidelity  owed  to  the  state  or  to  the  chief  of  the  nation; 
article  tti,  of  the  common  penal  code,  in  its  second  paragraph.  'J"he  same  sentence 
will  be  applied  to  those  who  should  liave  directed  an  association  formed  or  had  formed, 
organized,  or  had  organized  the  bands  or  gangs,  or  who  knowingly  or  voluntarily 
thould  have  facilitated  or  subministered  them  arms,  ammunitions,  or  instruments  for  the 
crime,  or  should  have  sent  them  convoys  of  provisions,  or  who  in  any  other  manner  should 
be  in  communication  with  the  directors  or  chiefs  of  the  gang.  (Article  I'itth  of  the  nnlitary 
penal  code.  )  Those  cases  not  foreseen  by  tlie  present  code,  be  it  ibr  the  application  of  a 
gentence ;  be  it  for  its  attenuation  or  aggravation,  the  councils  of  war  and  other  military 
tribunals,  will  abide  by  what  is  ordered  in  tiie  common  penal  code.  For  all  these  reasons 
the  council  of  war,  in  the  nauie  of  the  Dominican  Republic,  and  in  punctual  compliance 
■with  the  above-mentioned  articles  condenni  tiie  named  Davis  Hatch  of  iifty-six  jears  of  age, 
married,  a  native  of  the  United  States  of  North  America,  merchant,  and  a  resident  of  13ara- 
hoiia,  to  sulfer  the  pain  of  death,  (iiven  by  us  in  public  audience,  at  the  city  of  Azua, 
on  the  2d  day  of  the  month  of  October,  at  2  o'clock  in  the  morning,  of  the  year  IHti'J,  twenty- 
sixth  of  the  independence,  sixtii  of  the  restauration,  and  second  of  the  regeneration.  Read, 
approved,  and  signed  by  the  members  who  compose  the  council  of  war,  and  by  me,  the 
secretary,  who  certifies.  We  ordain  tiie  governors,  commander  of  arms,  and  other  chiefs  and 
olticers  of  the  army  to  put  into  execution  the  jireseiit  sentence,  and  to  lend  assistance  when 
it  be  so  legally  required.     We  also  ordain  the  prosecuting  attorney,  its  fulfilment.     Signed: 

".IlLIAN  I'KRKZ. 

"DOMINGO  DE  LA   CRUZ. 

"JOSE  DE  PENA. 

"  ULISES  BIDO. 

"MATIAS  DIAZ  TIMENTAL. 

"DAVHJ  MENDEZ. 

"J0S£  LAOAKES. 

"  RAFAEL  OARRIDO  LOSA,  Secretary. 
"Dominican  Repudlic,  Act  of  Audip-nck. 

"  In  the  cily  of  Azua,  on  the  1st  day  of  Ortober,  of  the  year  18(59,  it  being  8  p.  m.  The 
council  of  war  conip(!tently  congregated  in  the  hall  of  its  sessions,  presided  by  the  citizen 
president  Colonel  Julian  I'erez,  assisted  by  the  prosecuting  attorney  to  said  council,  and  by 
the  undcrKigncd,  secretary.  The  audience  opened  in  order  to  know  and  judge  tho  case 
followed  against  the  prisoner,  Diivis  Hatch.  Atter  having  read  tho  inocecdings  against 
Haid  piisoiier,  according  to  tlie  202d  articles  of  the  existing  military  penal  code,  and  other 
fornialitieH  rei|iiiicd  by  law,  after-having  made  mention  of  the  changes  or  variiitions  of  'the 
declarations  of  the  vt^bal  witnesses,  citiziiiis  Santiago  Talavero,  I'raiicisco  Tt'rrcra,  Guil- 
lernio  de  la  Paz,  Eiias  Ramirez,  and  the  declaration  in  favor  given  by  the  citizen  Fernando 
Felix,  through  the  recjuest  of  liie  defender  of  the  accused.  In  consccjuenco  we  find  tho 
article  20:f(l  of  tho  refened-to  penal  code  complied  with,  as  well  as  the  oral  expositions, 
being  thv-  same  as  those  registen  d  in  the  ])rocc(Miings.  The  present  verbal  process  was  taken 
on  the  same  above-mciiliomd  date,  liour,  month,  and  year.  Read  in  jtublic  audience  and 
found  in  ai'coiil.nicc,  was  sigucil  by  the  citizen  president  of  tlie  council,  the  prosecuting 
attorney,  and  bccrelary,  who  cerlilies. 

"JULIAN  PEREZ. 

"EVAKISIO  AVIJAR. 

"RAFAEL  GARRllJO  LOSA,  Secretary. 

"This  \a  a  faithful  copy,  and  in  conformity  to  the  originals  already  mentioned  and  to  be 
found  in  the  archives  of  the  secittary's  office  of  the  council  of  war  to  my  charge  ;  and  in 


DAVIS    HATCH.  85 

order  tliat  it  miplit  be  romittod  to  tlio  citizen  general  ilele<jate  of  the  g^overnment,  I  dispatcli 
this  first  copy,  cuniainintj  fifty  useful  pa;^e.s.  At  tlie  city  of  Co]np(jsteia  de  Azua,  on  tlie 
8th  day  of  the  month  of  October,  of  tiie  year  1809,  twenty-sixth  of  the  independence,  sixth 
of  the  restauratiou,  and  second  of  tiie  regeneration. 

"KAFAEL  GARRIDO  LOSA,  Secretary." 

At  the  time  we  received  this  dispatch  witli  the  inclosure,  we  received  information  of  Mr. 
Hatcli's  release,  and  of  course  the  duties  of  the  State  Department  iu  his  case  were  theu 
ended. 

By  Mr.  Howard: 

Q.  And  you  were  not  very  curious' at  that  time  to  investigate  the  contents  of  that  docu- 
ment?— A.  No,  sir;  our  oljject  was  his  discharge, and  that  was  obtained. 

By  Mr.  Williams: 

Q,  Is  there  anything  further  about  tlie  ITatcli  matter? — A.  The  next  docum(;nt  was  Mr. 
Perry's  dispatch  to  me,  No.  I.'),  marked   "  couhdeutial,"  as  follows  : 

"COiMMERCIAL  AGENCY  OF  TIIE  UXITED  STATF.S  OF  AMERICA, 

"SrtM  Domingo,    April  4,  1870. 

"  Sir  :  Admiral  Poor  leaves  this  port  with  his  flag-ship  for  St.  lago  de  Cuba,  this  day, 
April  4,  taking  with  him  Consul  Phillips,  of  tliat  ])lace,  to  investigate  the  causes  of  his, 
Phillips,  leaving  his  post,  and  the  charges  of  the  Spanish  authorities  against  him.  I  for- 
warded by  the  steamer  "  Yaiitic,"'  via  Havana,  a  copy  of  the  charges  of  this  government 
against  Mr.  Davis  Hatch  ;  also,  a  copy  of  my  communication  to  tiie  Dominican  govern- 
ment, demaiidiug  his  immediate  release  ;  not  deeming  the  reply  satisiactory,  I  referred  the 
matter  to  Admiral  Pnor,  whose  additional  demand  procured  Mr.  Hatch's  release  at  once, 
and  lie  was  sent  to  Havana  on  board  the  "  Yaiiiic."  Mr,  Hatch's  prolonged  confinement, 
/  Icnoia  was  due  to  the  advice,  intrigue,  and  influence  of  Cazneau  and  Fabens,  who  have 
also  have  been  playing  a  double  game  with  General  Babcock  as  agent  of  our  governmeut, 
and  Spofford,  Tilcston  &  Company  as  the  agents  of  Lawson  &  8i>n,  of  the  English  loan 
notoriety.  A  power  of  attorney  in  favor  of  Spotford,  'J'ilestou  &l  Company,  to  collect  the 
interest,  &c.,  on  this  loan,  was  received  by  President  Baez,  ou  the  olst  ultimo,  from  Eugland, 
via  St.  Tlitimas. 

"The  United  States  ship  Nantasket  arrived  here  April  2d  from  Puerto  de  Plata  via 
Samaiia,  reporting  an  attempt  at  revolution  at  the  former  place,  instigated  and  encoura?ed 
by  the  foreign  residents  and  merchants.  My  opinion  of  Mr.  Farriugton,  the  English  consul 
at  Puerto  de  Plata,  remains  unchanged.  I  still  consider  him  a  trickster  who  should  be 
closely  watched. 

"The  attempt  at  revolution  in  this  city  has  all  subsided  and  everything  is  quiet,  with  the 
exception  of  a  few  arrests  and  the  banishment  of  some  political  prisoners  to  St.  Thomas, 
Curacoa,  Ar-c. 

"News  (if  the  defeat  of  Cabral  between  San  Juan  and  Azua  reached  this  city  April  1st. 
The  Dominican  troops,  some  50U  iu  number,  were  commauded  by  Antonio  Perez.  Cabral 
had  about  5('(».     Among  the  prisoners  taken  are  ten  Haytiens,  one  a  colonel. 

"The  '  15ibb,' Con;uuinder  Piatt,  arrived  Sunday  morning,  od  instant,  from  Key  West 
with  dispatches. 

"This  government  is  waiting  very  anxiously  the  action  of  Congress  at  Washington. 
"  1  am,  sir,  respectfully  your  obedieut  servant, 

"liAYMOND  H.  PERRY, 

"  United  States  Commercial  Agenl. 

"IIou.  Hamilton  Fish, 

^^  Secretary  of  State,  Washington,  D.  C." 

By  Mr   SciiURZ : 
Q.  What  is  the  power  of  attorney  referred  to  in  that  dispatch  ?— A.  A  power  of  attorney 
from   Lawson  &  .Son,  appointing   Spolford   and  Tilestou  agents  to  collect  the  revenues  of 
the  island  ou  the  English  loan. 

By  Mr.  H(nvAUD  : 

Q.  What  is  called  the  Hartmont  loan  ? — A.  Yes,  sir. 

Raymond  H.  Perry  recalled. 

By  Mr.  SciiURZ : 
Question.  Have  you  a  copy  of  your  dispatch  demanding  Mr.  Hatch's  release  ? — Answer. 
I  have  it  bore  in  my  dispatch  book. 

Q.  Please  read  it? — A.  It  is  as  follows: 

"United  States  Commercial  Aoency', 

"S'i»j  Domingo,  March  8,  1870. 
"Sir:  Your  communication  of  the  19th  of  February,  1870,  was  duly  received.     I  deem 


86  DAVIS    HATCH. 

myself  anthorizeci  as  the  representative  of  tLe  United  States,  and  in  consideratioa  of  the  em- 
phatic comuiniiications  I  Lave  received  from  my  government  on  the  subject  of  the  imprison- 
ment of  Mr.  Davis  Hatch,  to  say  tbat  I  do  not  cotisider  it  necessary  to  have  him  retained  in 
prison  two  months  longer,  as  he  would  be  if  I  awaited  a  reply  from  Washington  to  your 
proposition.  My  government  desires  his  release  at  once  in  accordance  with  his  sentence, 
w^hich  was  commated  in  October  last  to  banishment.  When  I  first  came  to  San  Domingo, 
in  November  last,  and  delivered  up  to  President  Baez  the  Dominican  prisoners  confined  at 
the  consulate,  he  promised  to  release  and  return  Mr.  Hutch  and  permit  him  to  leave  the 
country.  Severartimes  this  promise  has  been  repeated,  but  not  yet  fulfilled;  and  now  you 
say  that  if  the  government  at  VCashington  really  insists  on  his  release  "  when  it  knows  that 
Mr.  Hatch  desiies  to  injure  your  government  by  means  of  writing  to  the  press  of  the  North  " 
it  will  be  granted. 

"If  the  Dominican  government  commuted  his  sentence  to  banishment  simply  on  account 
of  his  being  a  citizen  of  the  United  .States,  surely,  when  the  government  of  the  United 
States  send  a  conununication  asking  his  release,  the  President  wili  not  hesitate  to  grant  the 
request.  If  Mr.  Hatcii  is  detained  solely  for  the  purpose  of  preventing  him  from  misleading 
the  minds  of  the  American  people,  as  you  intimate,  I  can  assure  you  that  his  influence  would 
be  comparatively  very  slight,  and  he,  piobably,  could  efl'ect  as  much,  if  nut  more,  by  im- 
prisonment, if  so  disposed,  as  he  could  if  at  liberty. 

"In  my  last  conununication  to  the  Secretary  of  State,  at  Washington,  I  gave  him  my 
reasons  for  Mr.  Hatch's  p'olonged  imprisi>nnient,  being  satisfied  that  it  is  chiefly  the  result 
of  personal  ill-feeling  and  motives  of  self-interest  not  only  on  the  part  of  some  Dominicans, 
but  also  on  the  part  of  certain  Americans. 

"  I,  therefore,  in  compliance  with  the  orders  received  from  my  government,  respectfully 
demand  the  immediate  release  and  delivery  at  this  consulate  of  said  Davis  Hatch. 
"  I  am,  sir,  very  respectfully,  vour  obedient  servant, 

"EAYMOND  H  PERRY, 

"  United  Stales  Commercial  Agent. 

"M.  M.  Gaiitier, 

"  Secrttiiry  of  State,  San  Domingo,^'' 

By  Mr.  ScHURZ : 

Q.  You  say  in  this  letter  that  you  do  not  consider  it  necessary  to  have  Mr.  Hatch  retained 
in  prison  two  months  longer,  as  he  would  be  by  awaiting  a  reply  from  Washington  to  the 
proposition  cf  the  Dominican  government.  Did  they  rtquest  you  to  write  to  Washington 
first  ? — A.  Y'es,  sir. 

Receiving  no  answer,  I  wrote  again  next  day  : 

"Commercial  Agency  ok  the  United  States, 

^^  San  Domingo,  March  0,  J870. 
"Sir  :  Referring  to  your  conversation  of  this  tn  )rniug,  in  which  you  s;iggested  postpon- 
ing an  answer  to  my  counnunicalion  of  the  8th,  in  deimmding  the  immediate  release  of  Mr. 
Hatch,  I  would  now  beg  to  stare  that  an  iinmeoiate  and  in)sirive  answiir  is  impeiative,  in 
view  of  tiie  momentarily  expected  arrival  of  the  Tybee.  I  shall  look  for  your  answer  this 
p.  m.  ' 

"  I  am,  sir,  very  respectfully,  your  obedient  servant, 

'•  RAYMOND  H.  PERRY, 

"  Lnitid  Stales  Commircial  Agent. 
"M.  M.  Gaijtier, 

"  Secretary  of  State,  San   Domin-'o.'''' 

Mr.  (laiititr's  nply  to  these  communication  is  as  follows : 

"San  Domingo,  March  0,  1870. 
"  Dear  Sir  :  I  have  read  with  astonishment  the  contents  of  your  comnmnicatiou  of  this 
day,  which  serve  to  increase  the  painful  jippreimnsion  tiitit  your  note  had  caused  ino,  and 
for  which  answer  you  fix>'d  a  lime.  It  is  n()t  gianlfd  me  at  this  moment  to  enter  into  in- 
coiiveiiient  controversy,  on  account  ol  tlie  important  (luesiion  jiendiug  between  the  United 
States  and  the  Dominican  Re|iui)lic,  but  1  will  say  tliat  iny  government,  in  all  its  acts,  has 
provided  and  proceetled  Ihroiigh  its  own  ideas  imd  guided  by  the  best  priiiciplos  of  equity  and 
juftice,  having  in  view  the  peace  of  tlie  society  it  is  called  to  protect. 

"  This  answer  is  given  to  you,  and  1  again  refer  you  to  my  communication  of  February 
l!)th.  I  did  tiieii  refer  tlie  (ineslion  to  the  cabinet'at  Wnsiiinglon,  in  conformity  witii  the 
inslructions  received  from  my  govcnimcnt,  uhont  tlie  solution  of  Mr.  lliitcirs  business,  lie- 
foie  tuhing  a  diilereiit  resolution,  1  nnist  submit  your  not(^  of  the  hth  to  my  governmcMit, 
which  1  havb  not  been  able  to  do  as  yet,  on  account  of  the  inii>ortance  (d  our  local  business, 
and  I  luive  no  dimbt  that  I  will  be  able  to  give  you  au  answer  to  the  resolution  very  soon. 
"  1  renew  tlio  sentiineuts,  «Stc.,  «fcc., 

"M.  M.  GAUTIKK. 
"  Raymond  IT.  Perry,  Esq., 

^'United  States  Con.mercial  Agent.'\ 


DAVIS   HATCH.  87 

By  Mr.  ScnuRZ  ; 
Q.  In  that  Mr.  Gaiitier  refers  to  certain  papers,  roferrinp;  tlie  question  of  Mr.  Ilatcli's  case 
to  the  cabinet  at  Wasliiiiplou.     Did  those  j)apors  go  through  you.! — A.  No,  sir;  Mr.  Gau- 
tier's  letter  of  February  I'J,  is  at  my  hotel. 

Hod.  Hamii.ton  Fisir.s  examination  resumed: 
By  Mr.  ScHURZ: 

Q.  Mr.  Gaulier,  in  his  letter  to  Mr.  Perry,  of  the  9th  of  March,  allncles  to  certain  papers 
referring  the  (juestion  to  the  cabinet  at  Washington.  Did  you  receive  those  papers? — A.  I 
Lave  no  recollection  of  them. 

Q.  He  speaks  of  having  referred  certain  papers  concerning  the  Hatch  case  to  the  govern- 
ment at  Washington,  and  Mr.  Perry  states  that  the  papers  vicre  not,  received  Ijy  him.  Do 
you  say  that  the  papers  were  not  received  by  the  State  Department.' — A.  I  do  not  mean  to 
state  that  as  a  positive  fact.  I  have  no  recollection  of  snch  papers.  There  were  a  great 
many  papers  received.  I  gave  the  order  of  the  committee  to  the  chief  clerk  and  directed 
liim  to  put  up  all  the  papers  called  for.  He  furnished  me  with  those  vvh'ch  I  have  produced 
Jiere.  I  have  no  recollection  at  the  moment  of  any  such  paper  from  Mr.  Gautier ;  but  if 
there  were  one  at  the  department  it  would  not  have  been  put  up  among  this  bundle,  because 
it  probably  relates  to  another  matter. 

By  the  Chairman: 

Q.  Is  there  anything  further  in  regard  to  the  matters  you  liave  been  inquired  about? — 
A.  I  have  several  other  papers  here.  Mr.  Perry's  dispatch,  No.  IG,  is  dated  April  5,  and  is 
as  follows: 

"Commercial  Agency  of  the  United  States  of  America, 

'•  Santo  Domingo,  April  T),  1870. 
"  Sir  :  I  sent  communication  No.  15  by  United  States  steamer  Severn,  which  sailed  yes- 
terday for  Cuba.  I  now  send  you  No.  16  by  the  United  States  steamer  Bibb,  which  steamer 
sails  to-iTiorrow  morning  for  Key  West,  via  Samana  and  Havana.  I  also  forward  copy  of 
Captain  Bunce's  and  Farringlon's  letters,  at  Puerto  Plata.  The  latter  has  since  written  the 
English  admiial,  who  is  supposed  to  be  at  Jamaica,  asking  his  interference  in  the  matter. 
Harrington  has  the  reputation  of  associating  liiniself  with  such  matters  as  are  mentioned  iu 
their  communications.  I  have  my  authority  direct  from  President  Baez.  He  (Harrington) 
has  been  iu  bad  odor  for  a  long  time  with  this  government. 

"The  reports  of  the  engagement  of  Baez's  tioops  with  those  of  Cabral,  near  Azua,  on  the 
road  to  San  Juan,  were,  that  some  five  hundred  were  engaged  on  each  side,  and  Cabral  is 
reported  routed,  jvith  some  loss.  The  Dominican  government  represent  that  Cabral  has  re- 
ceived much  encouragement  from  the  Haytiens  in  men,  money,  and  arms,  and  that  some  ten 
prisoners  (among  them  a  colonel)  were  Haytiens. 

"  I  give  you  these  statements  as  1  receiye  them  from  President  Baez.  I  cannot  vouch  for 
their  being  authentic,  as,  I  regret  to  say,  this  government  at  limes  gives  fictitious  repoits. 

"  So  far  as  at  present  known,  all  is  quiet  lluoughout  the  island  and  waiting  anxiously  the 
action  of  Congress  at  Washington. 

'•Should  annexation  not  take  place  very  turbulent  times  are  anticipated  here. 
"I  am,  su",  very  respectfully  your  obedient  servant, 

"RAYMOND  H.  PERRY, 

"  Commtrciul  Agent. 
"Hon.  Hamilton  Fish, 

"  Sicretary  of  Slate,  Washington,  D.  C" 

To  this  dispatch  there  are  some  annexes,  a  correspondence  between  Mr.  Farrington,  Brit- 
ish vice-consul  at  Puerto  Plata,  and  Captain  Bruce.  I  do  not  know  tjiat  they  relate  to  Mr. 
Hatch. 

By  Mr.  ScHURZ : 

Q.  Do  they  relate  to  anything  connected  with  the  annexation  of  San  Domingo  ? — A.  I 
will  read  them  and  you  can  judge. 

"  British  Vice-Consl'Late, 

"  At  Puerto  Plata,  March  25,  1870. 
"  Sir  :  In  conversation  with  you  on  Tuesday  night  you  informed  me  that  a  report  was  in 
circulation  at  the  capital  that  certain  mercliants  of  I'uerto  Plata  were  cuntributiiig  to  a  fund 
in  support  of  a  revolution,  headed  by  General  Lupcron,  against  this  govcMnnunit,  and  tliat 
you  had  been  told  this  by  President  Baez,  who  named  me  as  the  person  as  having  given  him 
the  information.  In  consequence  of  such  report  j'ou  were  instructed  to  proceed  to  Porto 
Plata  to  report  the  same  to  the  authorities,  and  to  warn  all  parties  against  such  proceedings. 
Will  you  do  me  the  kindness  to  state  if  I  correctly  inidersland  you,  and  if  the  within  wiitten 
is  as  you  intimated  to  n<e  ?     Further  may  I  ask,  are  you  acting  and  causing  this  go\ernment 


88  DAVIS    HATCH. 

to  make  the  proclamation  of  yesterday  in  consequence  of  said  information  having;   been 
given. 

"  I  have  the  honor  to  be,  sir,  your  obedient  servant, 

"F.  FARRINGTON, 
"  British  Vicc-Consul  at  Puerto  Flala. 
"  Captain  BiiNCE, 

'■  Vnittd  States  Ship  of  War  Nantasl-ct,  Puerto  Plata. 

"■  United  States  Steamer  Nantasket, 

"  March  2t),  1870. 
"  Sir  :  I  am  in  receipt  of  your  note  of  tlie  25th  instant.  In  reply,  I  have  to  saj'  that  I  re- 
ceived information  wliile  at  Santo  Domingo  that  a  party  was  formed  among  tlie  foreign 
niercliants  here  to  assist  Lnperon,  and  tliat  a  sum  of  money  had  been  raised  fur  that  pur- 
pose, yourself,  as  I  told  you,  having  been  named  to  me  as  the  informant,  and  that  of  Presi- 
dent Baez,  the  reci])ient  of  the  said  information. 

"  I  did  not  say  that  President  Baez  had  told  me  this. 

"As  to  my  objects  here,  one  of  them  certainly  is — and  I  desire  to  accomplish  it  as  plainly  a.s 
possible — to  intorm  the  foreign  residents  here  that  if  any  such  league  or  party  is  formed 
among  them,  and  with  or  without  their  aid  Luperon,  Cabrai,  or  any  otiicrs  hostile  to  the 
Dominican  goverinnent,  should  get  possession  of  this  port,  the  naval  forces  of  the  United 
States  would  retake  it,  and  in  so  doing  the  foreign  residents,  as  the  largest  property  owners, 
as  well  as  the  most  interested  in  the  bu,siuess  of  the  port,  would  be  the  greatest  sufferers. 

"As  to  proclamation  of  the  Dominican  authorities  here,  I  know  no  more  than  I  stated    to 
them — precisely  what  I  have  written  above  to  you. 
"  Very  respectfully,  your  obtdient  servant, 

"F.  M.  BUNCE, 
.    "  Lieutenant  Commander,  Continanding. 
"F.   FARRIXGTnN, 

"■  Bsitish  i'ice-Consul,  Puerto  Plata.'" 

The  next  is  Mr.  Perry's  dispatch  to  the  Secretary  of  State,  No.  17,  of  April  1(),  1870  : 

"Commercial  Agency  of  the  Unitfd  States  of  Amkrica, 

'^  Santo  Domingo,  April  J6,  1870. 

"Sir  :  Your  communication  of  March  14  was  duly  received.  Previous  to  its  receipt  I  had 
demanded,  and  with  the  assistance  of  Admiral  Poor  had  obtained,  the  release  of  Mr. 
Hatch,  wiu)  left  liere  on  the  United  States  steamer  Yantic  for  Havana,  and  on  ihellth 
passed  through  this  port  en  route  for  St.  Thomas,  stopping  here  a  few  hours,  by  permission 
of  Admiral  Poor,  to  obtain  his  trunks. 

"Your  dispatch  of  March  '.>]  was  also  duly  received,  referring  to  the  ratification  of  tho 
treaty  of  annexation.  President  Baez  did  not  mention  to  me  until  after  the  departure  of 
Mr.  Coen  (the  gentleman  sent  to  Washington)  that  he  had  authorized  him  to  exchange  the 
ratification  of  tiie  treaty,  or  to  extend  tlie  time.  I  hope  sincerely  that  commissioners  will 
be  sent  to  San  Domingo  to  examine  and  report  on  the  condition  of  the  island,  &c. 

"  Public  iiiiinion  is  still  strongly  in  favor  of  annexation,  regret  onl}' being  manifested 
at  the  possiliility  of  the  non-ratification  of  the  treaty.  liUperon  lias  left  for  Turk's  Island, 
and  Caloiil,  since  his  deleat  near  Azua,  (a  report  of  whicli  1  have  sent  you,)  has  ut  been 
lieaid  from.  Tiie  supposition  is  tliat  he  is  in  Hayti.  Kverything  is  very  (piiet  on  the  bor- 
der and  throtighout  the  island,  all  anxiously  waiting  and  hoj)ing  the  action  of  our  Senate 
to  be  fav(/rahle  to  annexation. 

"  Presidiiit  Baez  lias  this  moment  informed  me  that  Colonel  Fabens  sails  on  the  steamer 
Tybee  to-iiMirrrow  morning  for  Washington  at  the  retjuest  oi'  two  I'cnrrats  in  li'a>hin'jlnn 
and  Mr.  Caznian  to  negotiate  a  loan  for  this  goverinnent  on  securities  of  jiuhlic  ])ropeity  of 
this  government,  and  to  reli<;ve  Mr.  Coen  iu  Washington,  the  bearer  of  tlu^  returns  of  the 
election  f(.r  annexation. 

"1  am,  sir,  very  respectfully,  vour  obedient  servant, 

"KAYMOND  H.  PEKKY. 

"  United  States   Commercial  Agent. 

"Tho  SEClU/lAltV  oi"  Statk, 

"  ll'iishtngton,  I).  C." 

The  next  is  Mr,  Perry's  disjiatcb,  No.  IH,  dated  A\n\\  1'.): 

"  C<i.'vii\ii.i(riAi,  Ai;i.N<v  of  the  UNrn:n  States, 

''Sun   Dominiio  City,  April  \?>,    1870. 
"Sir:  Please  find  inclosed  quarterly  returns   us   per  former  Nos.  11,  \2,  \',\,  14,  liiH,  25, 
with  vouchers. 

"I  mailed  commiinicalinn  No.  17  by  steamer  Tyliee.  Nothing  of  importance  has  occurred 
since  licr  departure.  Kverytliing  is  reported  very  (piiet  in  the  island.  Uu])eron  is  at  Turk's 
Island.     Cabrai  is  reported  in  Ha}ti,  where  thi-re  is  a  rivolution  against  Nesage  Saget,  now 


DAVIS    HATCH.  ■  89 

president.     Evcrythitifr  in  San  Domin^d  is  waiting  the  great  question  of  annexation,  and 
all  anxious  tor  the  ratiiication  of  tiie  treaty. 

"1  am,  sir,  very  respecllully,  your  obedient  servant, 

"KAYMOXD  H.  PERKY, 

^'United  States  Coiiiinercial  Agctit. 
"The  honorable  Secretary  of  State. 

^'IVusldngton,  D.   C" 

The  next  is  his  dispatch  of  May  14,  No.  19,  which  is  entirely  on  business  relative  to  his 
appointment  of  a  person  to  act  in  his  place  while  away  on  leave  of  absence.  The  next  is 
his  dispatch  No.  '2U,  dated  May  14  : 

"Commercial  Agency  of  the  United  States  of  America, 

'■'San  Domingo,  May  14. 

"  Sir  :  I  have  the  honor  to  inclose  herewith  copy  of  communication  addressed  by  me  to 
the  honorable  '  consultino^  senate'  of  Sau  Domiuj^o,  dated  April  '30,  requesting  to  be 
informed  and  furnished  with  information  for  my  government  regarding  certain  pt^titions  for 
concessions  of  lands,  &c.,  by  one  William  Caziieau  and  Schumaker,  in  violation  of 
Article  (>  of  the  treaty  concluded  between  that  government  and  the  United  States  on  the 
2yth  of  November,  JHtit);  also,  copies  of  communications  to  William  L.  Cazn^au,  dated 
respectively  May  4  and  5,  relating  to  the  same  subject;  also,  copies  of  notes  dated  5th  and 
7th  of  May,  to  Seiior  M.  M.  Gautier,  on  the  same  subject;  likewise,  copies  of  note  to 
President  I'aez,  dated  the  ]4tli  of  i\Iay ;  all  of  which,  I  trust,  will  meet  witii  your  approval. 

"I  may  add  that  I  was  reluctantly  f)rced  into  this  orrespondence  in  order  to  get  at;  im- 
portant facts  which  I  believed  should  be  comnuiuicated  to  my  government,  and  iu  taking 
these  stops  I  beg  leave  to  sttito  that  I  was  cordially  sustained  by  many  of  the  leading  meu 
iu  Santo  Domingo  who  ai'e  in  favor  of  annexation. 

"The  inclosed  communications  relating  to  this  matter  are  lettered  A,  B,  C,  D,  E,  F,  6,  H, 
I,  J,  K,  L,  and  M ;  tiie  two  latter  I  have  received  no  answers  to. 
"  1  am,  su',  most  respectfully,  your  obedient  servant, 

"EAYMOND  H.  PERRY, 

"  Commercial  Agent  United  States. 

"Hon.. Hamilton  Fish, 

^^ Secretary  of  State,   Washington,  D.  C" 


"Commercial  Agency  of  the  United  States  of  Amerk^a, 

"  San  Domingo,  April  30,  1870. 

"  To  the  Honorable  Senate  of  the  Dominican  Bcjnihlic  : 

"  Learning  that  more  than  one  application  has  been  made  to  your  honorable  body,  involv- 
ing the  ceding  by  the  Dominican  government  of  large  tracts  of  public  lauds,  mining  rights, 
i&c,  to  certain  parties  in  this  city,  among  whom  I  would  mention  Messrs.  Oazueau 
and  Schuuuiker.  The  former  asks  for  a  grant  of  two  hundred  thousand  acres  of,  I  tliink 
equal  to  two  hundred  million  meters  of  land,  for,  as  he  states,  emigration  purposes,  to  be 
under  his  sole  control,  &c.  The  latter,  Mr.  Schumaker,  for  a  railroad  grant  between 
this  city  and  Azua,  some  one  hundred  miles  distant,  with  a  grant  of  one  mile  on  either  side 
of  the  road.  I  would  therefore  respectfully  ask  of  your  honorable  body,  iirst,  whether  such, 
or  any  other  like  claims  or  claim  have  been  made  or  acted  upon;  and  if  so,  whether  cop- 
ies of  the  same  will  be  furnished  me  for  the  use  of  my  government.' 

"  I  would  also  respectfully  call  the  attention  of  your  honoifible  body  to  article  6  of  the 
treaty  celebrated  between  the  Dominican  government  and  the  United  States,  dated  29111  of 
November,  which  reads  :  '  After  the  execution  hereof  to  make  no  grant.*  or  concessions  of 
lands  or  rights  in  lands,  and  to  contract  no  further  debts  until  Congress  shall  assume  juris- 
diction over  the  territory.'  Any  grants  therefnre  of  lands,  mining  rights,  &c.,  made  since 
29th  of  November  last,  are  absolutely  null  and  void. 

"  Knowing  that  Mr.  Cazueau's  petition  was  sent  to  the  Senate  yesterday,  April  29,  1870, 
I  take  the  liberty  of  recalling  the  above  clause  to  your  attention. 
"  1  am,  with  great  respect,  your  obedient  servant, 

"KAYMOND  H.  PERRY, 

"  United  States  Conauercial  Agent.''' 

B. 

"Commercial  Agency  of  the  United  States  of  America, 

'■'^  Santo  Domingo,  April  30,  1870. 

'Sir  :  I  have  this  day  forwarded  to  the  honorable  senate  a  communication,  a  copy  of  which 
I  beg  to  hand  you  herewith,  protesting  against  sundry  proposed  grants  of  lands,  &c.,  tocer- 


90  DAVIS    HATCH. 

tain  residents  of  (Lis  city,  which  gji^auts  and  concessions  are  clearly  antajrouistic  to  article 
G  of  the  late  treaty  with  my  g^overument,  bearinc^  date'J9th  of  November,  ]8d9. 
"I  am,  sir,  with  great  respect,  your  obedient  servant, 

"  EAYMOND  H.  PERRY, 

"  United  Slates  Commercial  Agent. 
"  His  excellency  PRESIDENT  of  the  Dominican  Republic,^' 

C. 

"  San  DojiiNGO,  May  3,  1870. 

"My  Dear  Sir  :  His  excellency,  the  president  of  the  republic,  receiving  yesterday  evening 
the  letter  you  addiessed  to  him  under  date  of  the  3(;th  of  last  April,  inclosing  a  copy  of  the 
one  you  say  you  had  forwarded  to  the  honorable  consulting  senate. 

"  Without  entering  in  any  manner  into  details  respecting  the  communication  forwarded  by 
you  to  the  senate,  and  regarding  which  you  do  not  appear  to  be  as  well  informed  as  you 
sliould  be,  I  will  observe  that  the  president  and  his  government  have  received  with  great  dis- 
satisfaction such  an  unusual  step,  without  being  able  to  explain  how  j-ou  understand  the 
character  under  which  you  are  accredited  in  this  country,  and  still  less  by  \\  hat  authority 
you  addressed  the  honorable  consulting  senate  in  the  manner  in  which  you  did. 

"All  of  which  1  beg  to  state  for  your  knowledge,  saluting  you  with  all  consideration. 

"  M.  M.  GAUTIER. 
"  A  true  copy. 

' '  RAYMOND  H.  PERRY, 

"  United  States  Commercial  Agent." 
D. 
"  Commercial  Agency  of  the  United  States  of  America, 

"  S«H  Domingo,  May  4,  1870. 
"  Sir  :  On  the  2d  instant  I  had  the  honor  of  addressing  a  communication  to  the  president 
of  the  senate  protesting  against  proposed  grants  of  public  land,  Ac,  among  them,  one  to 
yourself  of  some  two  hundred  thousand  acres  of  land,  stating  that  in  my  judgment  such  con- 
tessicns  weie  clearly  an  infringement  of  article  (i  of  the  lale  treaty.  As  Mr.  Gautier,  the 
secretary  of  state,  has  in  a  note  dated  3d  instant,  intimated  that  lam  '  not  as  well  informed 
as  I  shimld  be,'  I  respectfully'  ask  that  you  will  furni.^h  nie,  lor  my  iriorniation,  as  well  a.s 
for  the  use  of  my  government,  a  copy  of  the  application  made  by  you  to  the  senate  and  ap- 
proved by  M.  M.  Gautier,  on  the  3Uth  of  April  last,  and  which  was,  I  have  since  learned, 
returned  to  you  disapproved. 

"I  am,  sir,  very  respectfully, 

"RAYMOND  H.  PERRY, 

"  United  Slates  Cummerciul  Agent. 
"W.  L.  Cazneau." 

E. 

"  San  Domingo,  May  4,  1870. 
"Sir:  In  replj' to  your  official  note  of  this  evening.  I  have  only  to  observe  that  you 
gcem  to  altogether  misapprehend  the  case,  which  in  no  wise  falls  within  the  sphere  of 
your  duties. 

"  Our  giivernment  was  fully  apprised,  under  dates  of  September  10,  and  29,  of  the  charac- 
ter and  olijcct  of  the  enterprise  to  wliich  you  probably  refer. 

"No  one  American  has  been  more;  intiiiiiitcly  connicted  with  the  Samana  and  annexatiou 
negotiatii  ns  from  their  iijcei)tion  to  their  close,  than  myselt,  and  I  am  not  likely  to  infringe, 
eiliier  througii  ignorance  or  design,  on  President  Grant's  policy  in  tiiis  direction. 
"  I  am,  sir,  very  respectfully, 

"WILLIAM  L.  CAZNEAU. 
"Raymond  IT.  Perry, 

"  United  States  Cornmirciul  Agent." 

F 
"  Commercial  Aguncy  of  the  United  State.s  of  America, 

''San  Domini'o,  MayU,  1870. 

"  Silf  :  Yiiur  communication  ol'  (be  'lib  instant  in  reply  to  my  letter  of  .'^ame  date  is  re- 
ceived, bill  not  iicc(imimni<(l  eiilier  with  ilir  inlVirmaiion  1  <3esiied  or  a  copy  ol  tlic  conces- 
sir  I's  y<  u  i'l'plied  for  the  llcininican  g(  vernmcnt.  You  inforu'cd  me  1  •  misM|ipreliended 
the  case,  aiid  lliat  it  in  nowise  tails  vilhin  ibc^  sphere  of  my  duties.'  In  ngunl  to  your 
opinion  of  wliat  my  duties  are,  my  goveinment  and  myself  aie  alone  to  judge. 

"  You  stale  that  our  government  was  iiilormed  of  tlie  enterprise  (which  you  and  Mr.  Gau- 
tier, se<'ietHry  of  state,  still  ketj)  a  seciet  from  me)  in  Seplenilier  last,  jdtli  and  iiUiii.  Tho.se 
datc-s  art^  previous  to  the  signing  of  the  treaty.  That  being  signed,  no  luither  step  can  be 
taken  by  you  to  obtain  tliis  grnnt  at  present. 

"You  say  that  'no  one  Aniericin  has  been  more  intiiriately  connected  witli  the  annex- 
ation negolifitions  than  yourself.'  rnlortunately  for  tlie  interests  of  botli  governnieiits  you 
have  been  slightly  connected  with  it. 

"I  am  well  aware  of  the  designs  of  yourself  and  Fabens  thus  far,  and  you  may  rest  as- 


DAVIS    HATCH.  91 

surod  that  inasmuch  a.s  it  lies  in  my  power  I  sliall  at  all  hazards  prevent  injury  or  intrif^ue 
against  tiie  interest  of  my  g^overninent,  and  defend  th3  name  of  Presiikuii,  Gra  it — which 
name  I  have  every  reason  to  fear  has  already  been  used  by  a  finaueial  riujj  for  tlieir  SBltish 
ends. 

'■I  am,  sir,  yours,  &c. 

"RAYMOND  H.  PERRY, 

"  United  Slates  Commercial  Agent. 
"William  L.  Cazneau." 

G. 

"  San  Domingo,  May  6,  1870. 

"  Sir  :  I  do  not  recognize  any  right  on  the  part  of  tho  United  States  commercial  agent  to 
address  either  to  me  or  the  Dominican  senate  the  demands  contained  in  your  notes  of  4th 
and  r>tli  instant ;  and  a  proper  sense  of  self-ro^spect  compels  me  to  say  that  I  shall  not  an- 
swer questions  so  put.  Had  you  in  the  first  instance  applied  to  me  for  information  on  the 
subject  it  would  have  been  freely  given  to  the  minutestdetail,  covering,  as  it  certainly  does, 
points  of  d^^i'p  interest  to  both  governments,  and  which  should  have  remained  under  the  spe- 
cial control  of  the  Executive. 

"It  had  never  occurred  to  me  that  the  name  of  President  Grant  required  your  protecting 
eai'e;  and  the  absurd  insinuation  that  it  has  been  used  by  me,  or  any  associates  of  mine  for 
private  speculations  is  too  ridiculous  for  serious  notice.  There  is  not  a  candid  gentleman 
in  this  community  who  would  not  treat  such  a  charge  as  the  wild  fancy  of  a  distempered 
brain. 

"  I  now  close  the  correspondence  by  informing  you  that  your  neglect  of  due  official  reticence 
has  brought  on  a  premature  disclosure  of  tacts  that  for  the  public  interest  should  have  been, 
held  strictly  confidential  for  tho  present. 

"All  the  circumstances  of  the  case,  in  their  varied  and  important  political  bearing,  have  been 
and  will  be  given  to  our  government.  It  has  in  possession  the  actual  facts,  not  imaginary 
surmises,  and  to  this  now  will  be  added  for  personal  reasons,  copies  of  these  worse  than  use- 
less letters. 

"  I  am,  respectfully, 

"WILLIAM  L.  CAZNEAU. 
"Raymond  H.  Perry, 

"  United  States  Commercial  Aaent. 
'  'A  true  copy  : 

"RAYMOND  H.  PERRY, 

"  United  States  Commercial  Agent." 
H. 
[Answer  to  B.] 

"San  Domingo,  Mny  3,  1870. 
"My  Dear  Sir  :  His  excellency,  the  President  of  the  republic,  received  yesterday  eve- 
ning the  letter  you  addressed  to  him  under  date  of  the  otitli  of  last  April,  inclosing  a  copy 
of  the  one  you  say  you  had  forwarded  to  the  honorable  consulting  senate. 

"  Without  entering  in  any  manner  into  details  resp3cting  the  communication  forwarded  by 
you  to  the  senate,  and  regarding  which  you  do  not  appear  to  be  as  well  informed  as  you 
should  be,  I  will  observe  that  the  President  and  his  government  has  received  with  great 
dissatisfacti(jn  such  an  unusual  step,  without  being  able  to  explain  how  yoir  understand 
the  character  under  which  you  are  accredited  in  this  ciumiry,  and  still  less  by  what  author 
ity  you  addressed  the  honorable  consulting  senate  in  the  manner  in  which  yuu  did. 
"All  of  which  I  beg  to  state  for  your  knowledge  ;  saluting  you  with  all  con-iideration. 

"M.  M.  GAUTIER." 
I. 

"Commercial  Agency  of  the  United  States  op  America, 

"6'«n  Domingo  City,  Alaij  o,  1370. 

"  Sir  :  Your  communication  of  3d  instant  was  duly  received.  Among  the  many  reasons  I 
Lad  for  addressing  the  honorable  senate,  I  would  mention  that  while  in  quest  of  the  infor- 
mation you  intimate  that  I  stand  so  much  in  need  of,  I  was  told  distinctly  and  emphatically 
by  yourself  that  there  was  no  application  for  a  grant,  such  as  I  spoke  of,  before  the  senate, 
presented  by  Mr.  Cazneau,  while  ac  that  very  moment  I  had  positive  inforaiation  from  at 
least  three  senators  to  the  contrary.  And  I  was  also  informed  that  a  day  and  luuir  was  to 
have  been  set  aside  by  you  to  enable  you  to  meet  the  senate  in  stcret  session  in  order  to 
complete  this  transaction  for,  apparently,  the  mutual  benefit  of  yourself  and  your  friend 
Mr.  Cazneau. 

"As  the  proposed  grant  was,  in  my  judgment,  in  direct  violation  of  article  six  of  the  late 
treaty,  signed  by  yourself  and  myself  on  behalf  of  our  respective  governments,  I  felt  that 
delay  might  result  in  great  disadvantage  to  my  government,  as  well  as  serious  loss  to  our 
expectant  new  territory. 

"  I  regret  exceedingly  that  the  president  and  his  government  views  with  great  dissatis- 
faction the  step  I  have  taken,  the  more  so,  since  under  like  circumstances  I  shall  pursue  a 
similar  course.     As  to  the  position  I  hold  in  this  country,  the  credentials  empowering  me  to 


92  DAVIS    HATCH. 

si^n  tl:e  lafe  treaty  fully  warrant  me  iu  seeing  that  its  provisions  are  impartially  and  hon- 
estly carried  out. 

"  Your  inquiry  as  how  I  understand  the  character  I  am  accredited  in  this  country,  and 
still  less  by  what  authority  I  addressed  the  honorable  senate,  were  it  couched  in  a  more 
gentlemanly  term,  would  receive  a  more  extended  answer.  It  certainly  lies,  in  my  opinion, 
clearly  witliin  my  line  of  duty  to  prevent,  if  possible,  any  intrigue  against  my  government 
or  any  irfrinsement  upon  the  treaty  signed  by  us.  I  have  had  no  other  object  during  my 
stay  in  Santo  Domingro  than  to  carry  out  the  wislies  of  my  government  and  the  policy  of 
Geueral  Grant  free  from  any  motives  of  self-interest,  and  in  that  endeavor  have  always  ac- 
ted fairly  and  honorably  in  my  intercourse  with  the  Dominican  government,  which  I  regret 
to  say  has  not  always  been  reciprocated  in  the  same  spirit  of  candor  and  frankness. 
"I  am,  sir,  yours,  &c. 

"EAYMOND  H.  PERKY, 

"  United  States  Commercial  Agent. 
''  il.  M.  Gaitifu, 

"  Stcrttiny  of  Sta,  San  Do  ningo, 

[Answer  to  I.] 

J. 

."  San  Domingo,  Blny  9,  1870. 

"  Sfr  :  In  due  course  I  received  your  communication  of  the  5th  instant,  and  my  govern- 
ment has  been  put  in  knowledge  of  the  same. 

"  'J  he  terms  in  which  said  communication  is  conceived  and  written,  as  well  as  the  per- 
sonal cbaiacter  you  have  given  to  the  transaction,  has  made  it  advisable,  fur  the  moment,  to 
send  a  copy  of  s-aid  communication  to  the  cabinet  at  Washington,  in  order  that  its  contents 
may  be  duly  weighed  and  appreciated. 

"  jMeanwIiile,  and  until  an  answer  is  received  from  the  government  of  the  United  States, 
whicli,  on  its  side,  is  sutificiently  cognizant  of  the  transaction,  the  cause  of  your  disagreea- 
ble correspondence,  and  which  answer  my  government  does  not  doubt  meriting,  I  have  to 
participate  to  you  tliat  all  correspondence  between  yourself  and  this  ministry  iu  reference  to 
the  matter  remains  suspended. 

"  Your  obedient  servant, 

"M.  M.  GAUTIER. 
"  Raymond  H.  Pkhuy,  Esq., 

"  Conniicrcud  Agtnt  of  the  United  States  in  the  City  of  San  Domigo." 
K. 
"Commercial  Agency  of  the  United  States  of  America, 

"San  Domingo,   May  7,  1870. 

"Sir:  On  the  30tli  of  April  last,  I  addressed  a  communication  to  the  honorable  senate, a 
copy  of  which  I  also  sent  the  president,  the  e.Ktreino  urgency  of  the  case  alone  necessitating 
my  course  of  action. 

"Leari.ing,  indirectly,  that  the  senate  had  strongly  disapproved  of  the  application  of  Mr. 
Cazneau,  iind  that  lif3  had  consequently  withdrawn  it,  I  would  respectfully  ask  of  you 
whc-lher  such  are  the  facts,  as  well  as  for  any  other  information  on  this  or  like  subjects  which 
may  be  ol  importance  to  my  government.  I  do  agiin  ask  for  a  copy  of  the  petition.  Re- 
peating my  request  for  a  copy  of  the  above-named  petition  for  a  grant,  as  well  as  a  copy  of 
the  proposed  grant  itself, 

"1  remain,  very  respectfully,  yours,  Sec-, 


"Hon.  M.  M.  GAUTM-.rt, 

^'Secretary  of  Stntn,   San   Domingo. 
"  I  received  no  answer  to  tiiis. 


"R.  IT.  PERRY, 
United  States  Commercial  Agent. 


PERRY." 


L. 
"  Comaierciae  Agency  of  the  United  States  of  Amerk^a, 

"San  DoMlNfio,  May  M,  J870. 
"Silt:  On  the  yotli  of  April  last,  I  made  verbal  incpiiry  of  your  minister  of  state  and  jus- 
tice tencliiig  (  eriairi  pclirKiiis  wliich  1  was  informed  by  tliiee  of  your  seiiatois  were  then 
liclbie  that  lionoruhle  body  involving  huge  grants  of  land,  iVc,  to  ci-rtain  individuals,  resi- 
dents of  this  cily,  and  1  was  distinctly  to  understand  by  said  ministers  that  tln-re  were  no 
Huch  pctiliotiH  before  the  senate.  On  the  Hame  day,  but  subse(iuently,  I  nuide  the  same  in- 
quiry of  th(!  lionoral)l(^  senate  in  a  formal  c<Mnnninication  addiessed  to  them,  copy  of  which 
1  at  the  time  forwarded  to  your  excellency,  and  which  communication  was  replitjd  to  by 
your  minister  of  Htate  iu  a  jn)te  wanting  in  courlrsy,  full  of  r»'S(uitmi'nt  at  my  course  of  ac- 
tion, and  throwing  discredit  iqion  my  souict;  of  inlornialion.  On  the  .'')th  instant,  in  answer 
to  the  above,  I  wrote  to  your  minister  of  stale,  giving  my  reasons  for  addressing  the  lion- 
oralile  Senate,  and  again  a>king  for  copies  of  .-aid  petitions.  On  tlu^  I  llh  instant  I  received  a 
reply  f u  m  your  minister  declining  to  communicate  with  ni(^  furtlu-r  on  this  matter,  giving  as 
a  reason  therefor  the  tone  of  my  letter  on  tlie&th  instant.  On  the  7th  instant  1  again  wrote  to 


DAVIS    HATCH.  93 

your  minister  of  state,  (by  request  of  your  minister  of  justice  instead  of  addressing  yourself 
as  I  tlunigiit  of  doinp;.)  re|)(atin^  my  former  re(iuest,  to  wliieh  I  iiave    received    no   answer. 

"Niiw,  tlureloie,  in  viitue  of  the  pnwiMs  iilenipuientiary  vested  in  me  by  my  {government, 
under  the  seal  of  the  United  States,  autimiizing  me  to  sign,  on  the  part  ot  n)y  {i;overumeut, 
the  late  treaty,  and  consequently  to  see,  as  tar  as  lies  iu  ni}'  power,  that  its  provisions  are 
fully  and  hiinestly  carried  out,  I  most  respectfully  ask  that  your  excellency  will  instruct 
your  minister,  or  whosesoever  duty  it  may  be,  to  furnish  me,  for  the  use  of  my  government, 
copies  of  the  late  petitions  of  Messrs.  Cazneau  and  Sciuimaker,  to  the  honorable  Senate, 
askin<j  for  certain  very  Inrfje  g'rants  of  lauds,  mining  privileges,  iVc,  under  the  plt-a  of 
encouraging  emigration,  fnsteiing  railroad  enterprises,  &lc  ,  as  well  as  certiiied  copies  of  the 
action  of  tiie  senate  thereon. 

"Since  wiiiing  the  foregoing  I  have  been  informed  that  there  is  a  quantity  of  arms,  ammu- 
nition, and  a  number  of  boxes  of  specie  on  board  the  steamer  Tybee,  now  at  her  dock  in  this 
city.  They  are  shipped  for  and  by  the  recpiest  of  the  DomiuicHu  government,  I  under.-tand, 
by  Mr.  Fabens,  who  is  represented  as  the  agent  of  Spofford,  Tilestou  »fc  (Jo.,  who  are  ageuts 
of  Peter  Laiison  tfc  Co.,  of  the  English  loan. 

"All  grants  and  concessions  of  lauds  and  further  advancements  on  this  loan  are,  you  know, 
in  dnect  violation  of  t!ie  treaty  signed  the  2'Jth  of  November  last.     Since  this  date  there  are 
many  other  grants,  and  concessions,  &c.,  reported  at  Saaiaua,  Azua,  &c.     Please  have  me 
informed  as  to  the  truth  or  falsity  of  the  above  reports. 
"  1  am,  sir,  your  obedient  servant, 

"KAYMOND  H.  PERRY, 

"  United  Staiea  Commercial  Agent. 

"His  Excellency  the  Pkesident  of  the  Dominican  REPtjnuc. 

"Received  no  answer  to  this. 

"PERRY." 

"  [No.  28.]  "  Senate  Chamber  of  Dominican  Republic. 

"  Senor  Consul  :  To-day  I  reported  to  the  senate  the  contents  of  your  note  dated  the  30th 
of  last  April,  inclosing  protest  against  any  concession  of  public  lauds,  mines,  &c.,  to 
individuals  of  this  city,  and  particularly  to  VVilliamL.  Cazueau  and  Schumaker,  subsequent 
to  the  date  of  the  treaty  concluded  between  this  republic  and  the  United  Stales  of  America, 
as  a  violation  of  the  article  6  of  the  said  treaty. 

"  And  tiie  honorable  body  takes  upon  itself  to  say  to  you  in  reply  that  it  has  resolved  tbat 
as  you  are  accrciited  as  commercial  agent  in  the  government  of  this  republic,  that  it  is  to 
the  goverinnent  that  you  should  direct  your  communications. 

"  Inasmuch  as  the  senate  cannot  take  cognizance  of  matters  outside  their  circle  or  proper 
course,  I  communicate  this  to  you  for  your  information  for  such  purpose  as  it  may  serve  you. 

"  I  avail  myself  of  this  opjiortunity  to  manifest  my  sentiments  of  most  distinguished  con- 
sideration, and  subscribe  myself  the  president,  &c. 

"PEDRO  GARIEDAR. 

"Senor  Raymond  H. Perry, 

"  Commercial  Agent  of  the  United  States,  San  Domingo,  May  9,  1870." 

By  Mr.  ScnuRZ : 

Q.  In  one  of  these  communications  Mr.  Cazneau  states  that  he  has  sent  all  the  informa- 
tion which  Mr.  Perry  asks  for  the  government  of  the  United  States,  together  with  copies  of 
these  letters.  Did  he  do  so?  Was  such  comuuinication  ever  received  at  the  State  Depart- 
ment?—  A.  I  have  no  recollection  of  receiving  any  communication  from  Mr.  Cazneau.  I 
think  the  reierence  there  is  to  a  communication  said  to  have  been  iu  Se|)tember  last. 

Q.  So  Mr.  Cazneau,  although  he  states  that  he  had  communicated  all  the  facts  to  the  United 
States  government,  had  not  communicated  them  to  the  State  Department  > — A.  They  may 
be  iu  the  State  Department  possibly  ;  but  it  was  before  the  negotiation  of  the  treaty,  if  in 
September,  at:d  I  have  not  got  them  with  me,  if  they  are  there.  There  have  been  various 
communications  at  ditTerent  times. 

Q.  Perhaps  you  do  not  understand  my  question.  In  one  of  these  conmiunications 
which  you  have  read,  Mr.  Cazneau  slates  that  he  had  conveyed  all  the  information  which 
ilr.  Perry  asks  for  concerning  those  grants,  saying  at  the  same  time  that  i\Ir.  Perry  had 
prematurely  disclosed  certain  facts  of  importance  (which  disturbed  certain  arrangements) 
to  the  government  of  the  United  States.  I  would  ask  whether  such  a  communication 
from  Mr.  Cazueau,  inclosing  copies  of  those  letters,  has  been  received  at  the  State  Depart- 
ment?— A.  Mr.  Cazueau  has  sent  copies  of  his  correspondence  with  Mr.  Perry.  Mr.  Caz- 
neau refers  iu  this  letter  to  information  which  he  says  was  communicated  as  far  back  as 
September  to  the  State  Department.     I  suppose  that  is  what  you  inquire  about, 

Q.  The  information  I  refer  to  is  information  concerniug  laud  grants.— A.  I  have  received 
no  communication  from  Mr.  Cazneau  since  the  negotiation  of  the  treaty  until  he  seut  me 
copies  of  this  very  correspondence  with  Mr.  Perry. 

Q.  Is  that  all  he  sent? — A.  That  is  all  I  received  from  him. 


94  DAVIS   HATCH. 

By  Mr.  Willia:ms  : 
Q.  Since  the  negotiation  of  the  treaty? — A.  Yes,  sir. 

Q.  Was  there  any  information  conveyed  by  him  to  the  department  prior  to  that  time  on 
any  subject  ? — A.  There  is  a  great  deal  of  information  for  years  back. 

By  Mr.  Ferry: 

Q.  In''relation  to  grants  since  the  execution  of  the  treaty  ? — A.  No,  sir ;  no  information 
in  regard  to  anything  since  the  execution  of  the  treaty. 

By  Mr.  Howard  : 

Q.  Does  he  refer  in  the  letter  necessarily  to  grants  made  or  asked  for  since  the  signing 
of  the  treaty  ? — A.  I  cannot  explain  that. 

By  ilr.  ScHURZ: 

Q.  He  speaks  of  "premature  disclosure  of  facts  that,  for  the  public  interest,  should  have 
been  held  strictly  conlidential  for  the  pre-^ent."  Was  the  Secretary  of  State  informed  of  the 
facts  wliich  had  been  thus  pwmaturcly  disclosed,  as  Mr.  Cazneau  allegr-s,  or  know  anything 
about  them?  — A.  I  do  not  know  what  is  referred  to.  I  only  know  what  I  get  from  this 
correspondence. 

By  the  Chairmax  : 

Q  Was  the  treaty  substantially  made  by  General  Babcock  drawn  by  yourself? — A. 
Before  answering  that  question  I  want  to  understand  whether  we  are  in  executive  session. 
My  communications  with  regard  to  the  treaty,  I  presume,  are  only  to  be  made  through  the 
President  to  the  Senate.     I  am  quite  ready  to  answer  the  question,  however. 

Tlie  Chairman.  We  do  not  want  you  to  answer  anj'thing  that  is  not  proper. 

The  WITNE-S.S.  If  there  are  none  but  senators  present  I  will  answer  the  question  cheer- 
fully and  gladly. 

Mr.  Howard.  I  suppose  the  question  whether  you  will  make  such  disclosure  is  to  be  re- 
ferred to  yourself.  I  take  it  your  comnmnication  with  the  President  on  the  subject  of  the 
draft  of  tiiat  committee  was  a  confidential  conversation  or  communication,  and,  as  such,  is 
privileged. 

The  Witness.  If  the  committee  desire  it,  I  would  say  that  I  understand  the  question  to 
be  whether  the  treaty  as  negotiated  by  General  Babcock  was  substantially  that  prepared  by 
the  State  Department,  under  the  direction  of  the  President. 

Mr.  Fkkry.  One  moment.  If  the  Secretary  is  to  be  inquired  of  respecting  the  negotia- 
tion of  this  treaty  in  part,  I  should  desire  also  an  opportunity  to  imjuire  of  the  Secretary 
in  respect  to  that  negotiation  in  full,  and  the  answering  of  a  sintr'e  ([iicstion  by  tlie  Secre- 
tary as  to  the  original  draught  of  tlie  treaty,  or  anything  of  that  kind  would  not  accomplish 
the  object  of  myself,  as  one  member  of  the  couiTiiittoe,  in  making  the  inquiry.  I  should 
want  to  go  furthei',  and,  theretore,  perliaps  we  ought  to  settle  this  (juestiou. 

Mr.  Howard.  It  seems  to  be  a  premature  objection  on  the  part  of  Senator  Ferrj'.  It 
does  not  follow,  because  the  Secretary  sees  lit  to  disclose  one  conlidential  fact,  that  he  may 
be  compelled  to  disclose  another  wliich  is  not  connected  with  the  former  fact  at  all.  I  take  it 
it  must  be  left  to  liis  own  discretion  and  senso  of  his  obligation  t.>.the  I'jxecutive  when  he  is 
called  upon  to  disclose  any  of  these  confidential  communications  between  him  and  the 
President. 

The  Chairman.  Of  course. 

Mr.  Howard.  I  do  not  think  we  can  compel  him  to  disclose  anything  of  that  nature,  if 
he  sees  fit  to  refuse.  He  is  not  a  witness  on  cross-examination,  if  lie  were  a  witness  in 
court  on  cross- examination  and  saw  fit  to  disclose  one  coiiiidi-ntial  fact,  he  would  be  com- 
jieilable  to  disclose  all  others  relating  to  the  same  subject-matter  in  order  to  g»'t  at  the  wliole 
truth.  I  think  that  is  the  rule  (jf  law  ;  but  in  this  matter  all  his  comiiuinicaiiinis  and  con- 
versations with  the  President  of  the  United  States  in  regard  to  that  treaty  or  any  other  sub- 
ject are  regarded  in  law  as  coiiiidcntial  and  privileged. 

Mr.  Wii.LlAM.s,  I  suggest  whether  it  would  not  bo  as  well  to  waive  the  question.  There 
certainly  can  be  no  doubt  of  the  fact  on  the  evidence  already  submitted.  It  is  beyond  all 
controversy. 

Mr.  How  ARD.  I  am  entirely  willing  to  leave  it  to  the  Secretary  himself. 

Mr.  WlM.iA.M.s.  It  would  bo  cuiiinlative  evidence. 

Tiie  WiT.NESs.  I  will  answer  the  (inestion  very  cheerfully  if  you  desire  an  answer. 

Mr.  Sciii  R/,.  JJefuro  (juestioiis  of  this  kind  concerning  the  treaty  and  the  jiolicy  of  the 
government  in  making  the  tieaty  aie  put,  I  will  observe  that  I  conceive  the  relations  be- 
tween tlie  Secr(!tary  of  State  and  the  President  to  be  of  a  confidential  nature,  and  that, 
unless  our  report  is  to  go  before  the  Senate  in  executive  session  alone,  I  consider  it  of 
doubtl'ul  jiropriety  whether  we  slujiild  examine  tli(!  Secretary  of  Stale  on  that  siiljcct  which 
necessarily  he  would  treat  with  a  ccMtain  reticence.  It  is  true  that  he  might  fe(;l  authorized 
to  make  certain  statements,  but  he  would  probably  feel  himself  under  tiie  necessity  of  with- 
holding other  statements  ;  but  at  the  same  time  it  is  true  that  when  we  examine  a  witness 
as  a  wUnesH,  (and  wc  cannot  examine  the  Secretary  of  State  here  in  any  other  capacity,') 


DAVIS    HATCH.  95 

then  he  must  bo  suliject  to  cross-pxamiiiation  just  as  well  as  any  other  witness  ;  tliat  if  wo 
get  part  of  the  truth,  wo  are  entitled  to  the  whole  trutii,  as  far  as  he  can  give  it. 

Tlio  Chairman  That  question  is  liardly  discussable,  because  the  question  now  is  simply 
whether  we  shall  iuciuire  of  the  Secretary  of  State  as  to  the  treaty  at  all. 

Mr.  HoWAiiD.   I  do  iu)t  aduiit  the  principle  as  broadly  laid  down  by  Senator  Schurz. 

Mr.  SciiuiiZ.  I  submit  to  the  conunittee  whether  it  is  proper  to  go  with  the  Secretary  of 
State  into  an  e.xamination  into  this  point  at  all.  If  we  do,  then  I  do  not  see  how  any  ex- 
emption could  be  claimed  for  him  tiiat  could  not  be  claiured  for  any  other  wituess  ;  and  if 
his  situation  is  such  that  he  should  chiiiJi  any  exemption  in  consequence  of  his  confidential 
relations  with  the  President,  I  think  it  would  be  best  to  drop  that  examination  ent.ircly. 

The  CiiAlKlMAN.  The  rule  is  that  the  Secretary  of  State  has  a  right  to  make  such  com- 
munications as  he  thinks  will  not  injure  the  public  interests  to  have  made  public,  and  he 
himself  is  the  judge  of  that. 

Mr.  HoWAKD.  That  is  the  rule  beyond  a  doubt. 

Mr.  Fkkky.  In  a  committee  of  investigation  '! 

The  Chahi.man.  That  is  the  rule  of  law  everywhere,  I  suppose,  in  regard  to  confidential 
agents  of  the  government.  I  am  to  blame  for  this  matter.  The  question  itself,  perhaps,  is 
impro])er,  and  therefore  I  withdraw  it. 

Mr.  VV11.LIAM.S.  We  have  the  testimony  of  other  witnesses  on  this  point,  General  Babcoclc 
and  General  Sackett. 

Mr.  Howard.  I  think  we  shall  be  setting  a  bad  precedent  by  asking  the  Secretary  of 
State  to  disclose  such  matters. 

The  Witness.  The  whole  i'acts  are  before  yon  in  an  executive  document. 

By  Mr.  Williams  : 

Q.  Did  you  ever  give  Mr.  Perry  a  peremptory  order  to  demand  the  release  of  Mr. 
Hatch  ? — A.  Yes ;  it  went  down  there,  but  it  got  there  after  Mr.  Hatch  was  released,  I  think. 
He  was  already  discharged  when  Mr  Perry  received  his  instructions  to  demand  his  release. 

Q.  Be  good  enough  to  state  why,  prior  to  that  time,  you  did  not  give  the  order  to  Mr. 
Perry? — A.   Because  we  thought  he  was  released. 

Q.  What  I  wish  to  know  is,  was  there  any  desire  or  intention  on  the  part  of  the  executive 
department  of  tiie  government  to  have  Mr.  Hatch  restrained  of  his  liberty  there  in  San  Do- 
mingo ? — A.  Quite  the  reverse.  Tliere  was  every  desire  to  have  Mr.  Hatch  released  at  the 
earliest  possiliie  moment.  The  first  communication  we  had  of  Mr.  Hatch's  troubles  was  re- 
ceived from  Mr.  Smith,  in  a  letter  dated  in  Septeanber.  That  communication  of  Mr.  Smith, 
as  I  recollect  now,  stated  that  he  had  then  been  confined  for  some  time ;  that  he  had  been 
aware  of  it,  but  did  not  communicate  the  fact  to  the  department.  There  was  something  in 
that  letter  which,  as  I  thought,  reflected  a  little  upon  Mr.  Smith,  because  he  had  known  the 
fact  and  had  said  nothing  about  it  until  he  imagined  some  slight  from  General  Babcock — he 
not  being  invited  on  board  the  ship,  I  believe.  It  occurred  to  me  that  it  was  not  altogether 
creditable  to  Mr.  Smith  ;  and  when  I  communicated  that  letter  to  the*  Senate  I  retained 
that  part  of  it.  I  thought  that  lie  was  a  little  excited  by  not  receiving  an  invitation,  and 
then  tried  to  throw  the  blame  on  General  Babcock.  It  was  followed  up  by  directions  for 
intervention  in  Mr.  Hatch's  behalf,  and  we  can  only  communicate  about  once  in  forty  days. 
Then  cau:e  the  communication  that  ho  had  been  tried,  condemned,  and  pardoned.  The 
executive  government  then  thought  there  was  the  end  of  Mr.  Hatch's  case,  as  ho  was  par- 
doned and  allowed  to  go.  Some  few  weeks  after  v.'o  found  him  still  in  coufiaemeut ;  and  on 
the  II th  of  January,  I  think  the  date  is  on,  receiving  Senator  Ferry's  communication,  I  in- 
structed Mr.  Perry  to  interpose  his  good  offices  to  secure  his  release.  Subsequently,  finding 
that  he  was  not  released  upon  that,  we  sent  a  peremptory  order.  In  the  meantime  he  was 
released  and  given  up,  but  at  the  successive  stages  of  receiving  information  about  him  we 
acted  on  every  occasion  we  possibly  could. 

By  Mr.  Howard  : 

Q.  Mr.  Secretary,  did  you  ever  give  General  Babcock,  or  General  Sackett,  or  any  other 
person  except  Mr.  Perry,  any  instructions  in  regard  to  the  release  of  Mr.  Hatch  .' — A.  I  do 
not  remember  whether  I  may  not  have  written  to  Mr.  Smith  before  Mr.  Perry  went  down; 
but  to  none  excepting  one  or  other  of  the  commercial  agents  who  were  there.  They  were 
the  only  parties  with  whom  I  communicated  on  the  subject. 

Q.  Mot,  havmg  given  Babcock  or  Sackett  any  such  instruction  in  relation  to  the  release  of 
Hatch,  do  you  understand  it  to  have  been  the  duty  of  either  of  them,  under  the  circum- 
stances, and  under  the  instructions  with  which  they  were  sent  to  San  Domingo,  to  interfere  iu 
regard  to  Match  to  procure  his  release  .'  —  A.  No,  sir  ;  General  Sackett  had  no  instructions  ; 
be  went  out  as  interpreter.  If  General  Babcock  had  interfered  in  behalf  of  Hatch.  I  sup- 
pose he  would  iiave  received  very  much  the  same  kind  of  snubbing  which  they  gave  Mr. 
Perry  when  he  transcended  the  legitimate  duties  of  his  office  and  addressed  himself,  instead 
of  to  the  secretary  of  state,  to  the  president  of  the  senate  or  the  president  of  the  republic. 
The  comuiercial  agent  is  there  a  qiinsi  diplomatic  agent,  with  very  limited  powers.  To  a 
certain  extent,  a  diplomatic  function  is  recognized  iu  him,  but  his  duty  is  to  correspond 
solely  through  the  state  department  or  the  ottice  of  foreign  affairs.  We  allow  not  here  the 
foreign  ministers  to  communicate  with  Congress  or  with  the  President,  excepting  through 


96  DAVIS    HATCH. 

the  Depaitmeot  of  State ;  and  it  was  for  that  that  they  wrote  those  letters  to  Mr.  Perry,  I 
iufer. 

Q.  Mr.  Perry  and  General  Babcock  and  General  Sackett  were  together  on  the  island,  and 
the  dnty  of  interfering  in  behalf  of  Mr.  Hatch  belonged  properly  to  Mr.  Perry,  did  it  not?  — 
A.  Ye.s.  sir. 

Q.  Would  it  not  therefore  have  been  rather  a  piece  of  imperlinence  on  the  part  of  General 
Babcock  to  have  assnmed  upon  Limself  tlie  business  of  negotiating-  with  the  government  of 
the  island  in  respect  to  tht'  release  of  Hatch  ? — A.   I  think  so. 

Q.  Would  not  diplomatists  generally  so  regard  it? — A.   I  think  so. 

By  Mr.  Warner  : 

Q.  Did  General  Babcock  have,  or  was  he  intended  to  have,  any  other  duty  as  the  repre- 
sentative of  our  government,  except  the  single  one  of  negotiating  this  treaty? — A.  That 
was  all. 

By  Mr.  Ferry  : 

Q.  Was  General  Babcock  instructed,  in  your  letter  of  instructions  to  bim,  "to  protect  the 
people  of  that  republic  against  foreign  interCerence  while  the  nation  is  expressing  its  will, 
and  also  to  protect  the  interests  and  rights  which  the  United  States  may  obtain  under  such 
convention?" — A.  You  cannot  go  into  his  instructions  without  going  into  the  treaty.  I 
will,  however,  answer  the  question  which  has  been  put.  It  was  part  of  his  instructions  to 
insert  in  the  treaty  a  provision  to  that  effect. 

Q.  That  is  not  my  inquiry.  My  inquiry  is,  whether  it  was  his  duty  there,  as  an  officer  of 
the  United  States,  by  your  own  instructions  to  him,  to  protect  the  interests  f.nd  riirhts  of  the 
United  States?— A.  I  think  that  the  iustructi'ms  weiU,  to  the  effect  simply  that  that  protec- 
tion was  to  be  exercised  during  the  taking  of  the  vote.  The  instructions,  however,  will 
speak  for  them.selves. 

Q.  You  remarked  that  when  you  received  Mr.  Smith's  first  communication  yo\i  thought  that 
he  had  had  knowledge  for  some  time  of  the  )m])risonment  of  Mr.  Halch,  but  failed  to  in- 
form the  department  until  he  felt  himself  somewhat  slighted  by  General  Babcock  '? — A.  That 
seemed  to  be  the  inference. 

Q.  Were  you  aware  that  Mr.  Hatch  was  arrested  at  Barahona  on  the  28th  of  August  ? — 
A.  A  sul)sequent  connnurncation  stated  that,  but  the  first  one  did  not,  I  think. 

Q.  Do  j'ou  know  that  the  fact  was  so  ? — A.  I  so  understand  it. 

Q.  Were  you  awaie  that  he  was  taken  from  Barahona  to  Azua,  and  arrived  there  on  the 
3d  of  Sejitember? — A.  I  d"  not  remember  the  dates. 

Q  And  that  on  the  I>d  of  September  he  wrote  to  Mr.  Smith,  which  was  the;  first  know- 
ledge Mr.  Snuth  ever  received  about  it,  and  that  Mr.  Smith  wrote  to  you  on  the  4th  ? — A. 
Mr.  Smith  wrote  to  me  on  the  4Lh.  I  did  not  desire  to  reflect  on  Mr.  Smith,  but  simply  to 
explain  the  whole  transaction,  I  being  asked  as  to  the  interference  of  the  department. 

Q.  You  will  observe,  therefore,  that  your  impression  that  !Mr.  Smith  had  neglected  his 
duty  in  not  giving  the  department  notice  of  Mr.  Hatch's  arrest  Until  some  time  after  the  ar- 
rest was  a  mistake  on  your  part  ? — A.  It  maj'  have  been  ;  but  I  was  acting  on  what  was 
before  me  at  the  time.     In  his  letter  of  the  4th  of  September,  Mr.  Smith  writes  : 

"  San  Domingo  City,  September  4,  1869. 

"Sir:  I  consider  it  my  duty  to  bring  to  the  knowledge  of  the  department  the  critical 
eittjation  of  Mr.  Davis  Hatch,  a  citizen  of  the  United  States,  who,  it  is  reported,  is  under 
arrest  at  I?aral.ona. 

"  Mr.  Hatch  came  to  this  country  as  the  agent  of  a  company  consisting  of  Mr.  Augustus 
Schell  ami  other  men  of  standing  in  the  city  of  New  York,  for  the  jmipose  of  working  the 
salt  mountain  of  '  Nciba,'  and  making  a  railroad  to  Baraln)na  to  t'acilitate  the  shipment  of 
the  salt.  Mr.  Hatch  obtaini<l  llie  concessifm  from  the  Spanish  government,  which  was 
confirmed  by  the  Cabial  administration.  When  Mr.  liacz  returned  to  power,  he  sent  for 
Mr.  Hatch,  as  there  had  pre^■ionsly  existed  an  unfiiendly  feeling.  Mr  Hatch  whs  brought 
by  foice  on  boaid  a  man-of-war  to  this  capital,  but,  on  my  r<presentation,  the  difliciilty  be- 
twcf^n  himself  and  tlie  I'lesident  was  iiruinge'.i  amicably,  and  Mr.  Ihitch  was  allowed  lo  re- 
turn to  Barahona.  Sinmi  time  since  Barahoiia  was  talu-n  b}'  ihv.  revtilnliomuy  jiarty,  and 
they  ill-Id  it  Hoine  months;  it  was  retaken  some  three  weeks  ago,  and  it  was  rumored  that 
Mr.  Hatch  had  l)een  arrested. 

"Some  lliiee  wei-ks  n^o  I  called  at  once  on  President  Baez,  who  confirmed  the  rumor,  and 
said  that  chaiges  had  been  prefrrred  against  him,  and  at  my  re(Hiest  1  was  j)romised  a  coj)y 
of  said  ciiarges  as  sonn  as  received  by  the  govertunent. 

"  I  infcirnj(  d  you  that,  whetlier  rightly  or  wrongly,  tliat  Mr.  Halch  had  been  arrested  some 
thrfc  weeks  belnre  liiis  time, 

"Some  two  weeks  having  elapsed  witlifiut  my  hearing  further,  I  called,   on   the  VJi)th  of 
Aupuii,  again  on  the  President,  and  he  inlormed  me  that  he  had  given  orders  to  send  up  Mr 
Hatch  to  tins  city. 


DAVIS    HATCH.  97 

"  Mr.  Hntili  (herefoic  liau  been  anestetl  before  tlie  '.'d  of  September ;  but  as  lie  lias  not  yet 
arrived,  I  feel  j^'reat  anxiety  as  to  liis  actual  position. 

*'  On  the  31st  ultiino  the  Unitc'.l  States  sliipTuscarora  arrived  from  Key  West,  when  Com- 
mander Queen  ealled  on  me.  I  handed  him  a  memorandum  rep^ardintr  Mr.  Hatch,  and  ex- 
pressed my  desire  that  he  would  proceed  to  Barahona,  see  Mr.  Hatch,  and  learn  the  particu- 
lars of  his  case  " 

Barahona  I  understand  to  be  distant  some  OTie  hundred  miles,  and  there  is  not  a  daily  mail 
there,  I  take  it.  Then  comes  the  complaint  of  the  commercial  agent  afjainst  General  Bab- 
cock;  and  putting  these  things  together.  I  came  to  the  conclusion  that  Mr.  Hatch  had  been 
in  confinement  for  some  time,  and  that  the  complaint  did  not  come  out  until  it  was  coupled 
with  the  criticism  with  General  Babcock;  and,  therefore,  when  I  tirst  transmitted  the  papers 
to  the  Senate,  it  may  have  been  a  mistaken  delicacy  to  Mr.  Smith — I  did  not  communicate 
that  part  of  this  letter. 

Q.  You  stated  tliat  yon  did  not  consider  it  to  have  been  the  duty  of  General  Babcock, 
under  his  instructions,  to  take  any  steps  tor  the  release  of  Mr.  Hatch.  Would  it  iiave  been 
any  violation  of  the  duty  of  General  Babcock  to  advise  the  United  States  commercial  agent 
not  to  ask  for  the  release  of  Mr.  Hatch,  lest  Mr.  Hatch  should  interfere  with  the  treaty  of 
annexation  ? — A.  I  do  not  understand  your  question. 

Q.  Would  it  have  been  a  violation  of  General  Habcock's  duty  to  advise  the  commercial 
agent  not  to  interfere  to  procure  the  release  of  Mr.  Hatch,  lest  Mr.  Hatch,  if  set  at  liberty, 
should  oppose  the  project  of  annexation  ?-:-A.  He  had  no  instructions  on  the  subject.  I 
should  think  it  vvoald  have  been  a  thing  tliat  no  American  citizen,  certainly  no  officer  of  the 
government,  would  have  done. 

By  Mr.  How.viiD: 

Q.  Would  it  not  at  least  have  been  an  indelicacy  on  the  part  of  General  Babcock  ? — A. 
A  great  indelicacy,  I  should  think.  His  instructions  did  not  anticipate  any  case  of  that 
kind. 

By  Mr.  ScHURZ : 

Q.  Would  you  have  considered  it  a  violation  of  his  instructions  by  General  Babcock  if  he 
had  advised  and  solicited  President  Baez,  while  negotiating  that  treaty,  to  release  Mr. 
Hatch? — A.  No,  sir;  it  would  have  been  in  accordance  with  his  instructions;  but  it  would 
have  been  a  very  proper  thing  to  have  done  to  advise  his  release  at  any  time  ;  I  take  it  it 
would  certainly  not  have  been  iaiproper. 

By  the  CH.\m.M.VN: 

Q.  Proper  for  him  as  a  citizen  ? — A.  Yes,  sir. 

By  Mr.  ScnuKZ : 

Q.  And  as  an  ofiticer  of  the  government  ? — X.  Or  as  an  officer  of  the  government,  in  what- 
ever capacity ;  but  it  might  have  boeu  received  as  an  act  of  officiousuess,  possibly.  That 
would  depend  on  the  character  of  the  government  somewhat. 

Q.  According  to  your  diplomatic  experience,  do  yon  think  that  while  negotiating  a  treaty, 
which  negotiation  put  General  Babcock  in  conli.lcntial  and  very  kinfl  relations  to  President 
Baez,  it  would  have  been  probable  that  General  Babcock  would  "have  been  snubbed  by  Presi- 
dent Baez  if  he  had  made  such  a  request? — A.  The  gentleman  who  asks  the  question  has 
had  more  diplomatic  experience  abroad  than  I  have  had,  and  can  judge  on  that  point  for 
himself. 

By  Mr.  W.vkneR: 

Q.  Supposing  Mr.  Perry  to  have  been  a  fit  person  to  occupy  the  position  of  commercial 
agent,  that  agency  being  in  some  sense  a  diplomatic  one,  would  you  have  considered  the 
rights  of  the  United  States  and  of  its  citizens  there  as  abundantly  cared  for,  or  capable  of  being 
protected  by  hiui,  without  the  aid*of  another  ? — A.  The  commercial  agent  is  the  only  repre'^ 
sentative  we  have  there.  He  exerci.scs  the  riglit  of  asylum.  In  cases  of  political  "disturb- 
ance, the  house  of  the  consul  in  those  imperfectly  civilized  governments  is  an  a.^vlum  in 
which  parties  take  refuge.  I  think  they  have  very  frequently  done  so;  I  do  not  know 
whether  they  have  in  Mr.  Perry's  case,  but  I  think  they  have  at  that  place.  That  office  is 
abundantly  sufficient.     It  is  the  only  one  we  have  in  that  country. 

By  Mr.  Howard  : 

Q.  He  was  the  responsible  officer  in  respect  to  these  complaints? — A.  Yes,  sir. 

Mr.  Ferrv.  The  statement  of  the  case  is  precisely  this:  Not  that  General  J-iabcock  did 
not  interfere  for  the  release  of  Mr.  Hatch,  but  that  General  Babcock,  while  there  negotiating 
this  treaty,  learning  that  Mr.  Perry,  the  proper  person,  was  endeavoring  to  procure  the  re- 
lease of  Mr.  Hatch,  advised  Mr.  Perry  not  to  procure  his  release. 

That  is  the  charge. 

Mr.  Howard.   You  do  not  say  that  as  a  fact.  ' 

The  Witness.  I  have  no  knowledge  of  it,  as  a  matter  of  fact. 

Mr.  Ferry.  I  made  that  statement  in  the  Senate,  and  expect  to  substantiate  it  or  aban- 
don it. 

S.  :ftep.  234 7 


98  DAVIS    HATCH. 

By  Mr.  Warner  : 

Q.  Have  you  any  evidence  or  knowledge  tliat  General  Babcock  did,  in  any  way,  inter- 
fere to  prevent  the  release  of  Jlr.  Hatch  ? — A.  I  have  no  kno\vled<re  \vhatever,  and  no  be- 
lief that  he  did.  Nothing-  has  come  to  me  except  the  rumor,  as  I  hear  it  from  the  debates  of  the 
Senate,  that  he  so  interfered. 

By  Mr.  Howard  : 

Q.  Did  Mr.  Perry,  in  his  correspondence  with  you,  ever  pretend  that  General  Babcock 
bad  thus  interfered  to  prevent  the  release  of  Mr.  Hatch? — A.  I  do  not  recollect  any  com- 
plaint of  the  kind  from  Mr.  Perry. 

June  13,  1870. 

The  members  of  the  committee  and  several  persons  summoned  as  witnesses  beintr  present, 
Mr.  Schurz  asked  that  tlie  room  be  cleared  of  persons  not  meudjers  of  the  committee,  as  be 
bad  a  proposition  to  submit ;  which  being  done — 

Mr.  ScHL'RZ.  I  notice  that  among  the  pi'rsons  present  as  witnesses  is  Mr.  Fabens.  Mr. 
Fabens,  as  I  understand,  is  the  representative,  iu  fact  the  plenipotentiary  of  a  foreign 
power.  I  noticed  him  here  at  our  last  meeting,  when  Mr.  Fish  was  proceeding  with  a  very 
important  part  of  his  testimony.  I  was  then  informed  that  the  gentleman  I  noticed  was 
Mr.  Fabens.  I  having  never  seen  him  before.  Now,  I  submit  a  question,  whether  it  is 
proper  that  the  representative  of  a  foreign  power  be  admitted  as  an  auditor  to  the  proceed- 
ings of  this  committee. 

Mr.  Howard.  I  understand  that  Mr.  Fabens  came  here  for  the  purpose  of  making  some 
statements  before  the  committee  in  regard  to  the  negotiation  of  the  treaty,  and  perhaps,  also, 
in  regard  to  the  detention  of  Hatch.  What  he  proposes  to  say,  I  do  not  know  ;  but  I  un- 
derstand he  has  offered  himself  as  a  witness  to  testify  to  something  in  relation  to  tlio  sub- 
ject-matter that  has  been  referred  to  this  committee.  I  do  not  see  any  impropriety,  I  cou- 
Icss,  in  his  Ijeing  here  as  a  witness,  and  being  allowed  to  make  his  statements.  On  the 
other  hand,  it  seems  to  me  that  fairness  would  require  that,  if  he  desires  so  to  do,  lie  should 
be  allowed  to  make  his  statement.  I  do  not  see  that  we  shall  be  oftending  the  government ' 
of  San  Domingo  l)y  allowing  tliis  to  be  done  by  its  representative,  nor  do  I  think  it  incon- 
sistent with  the  dignity  of  the  United  States  that  a  repret-entative  of  a  foreign  government 
should  come  forward  as  a  witness  ;  and  if  the  subject-matter  al)out  which  the  other  witnesses 
testify  relates  to  bis  own  government,  I  confess  1  can  see  no  improj)ricty  in  his  being  pres- 
ent and  being  informed  of  it  tiidess  there  is  sonething  iu  the  nature  ol  the  subject  which 
retjuires  secrecy  on  our  jiart      I  have  not  seen  that  yet. 

Mr.  SCHlRZ.  We  had  liim  here  day  before  yesterday,  when  the  Secretary  of  State  laid 
certain  papers  before  us  which  so  far  had  been  treated  as  contidential.  It  struck  me  then 
that  liis  presence  was  not  very  projier.  As  to  his  testifying  before  tliis  committee,  1  wi.sli  to 
submit  the  following  considerati(;ns  :  As  the  diplomatic  representative  of  a  t'ureign  power  he 
is  entitled  to  certain  privik'ges  and  immunities.  We  cannot  swear  him  if  he  refuses  to  be 
sworn,  and  if  we  want  to  cross-examitui  him  lie  may  refuse  to  be  cross-exannned.  We  can- 
not ho!d^  him  for  contempt,  and  we  cannot  jirosecute  him  fcr  perjiiiy.  His  position,  there- 
fore, is  quite  an  exceptional  one,  and  I  submit  to  the  committee  whctlier  it  \voiild  be  proper 
to  have  a  witness  hero  who  may  do  just  as  lie  pleases. 

Mr.  How.\Ri).  I  suppose  we  could  nf)t  punisli  him  for  a  contempt  of  the  eomniittee  iu  re- 
fusing to  answer  questions.     Wlietlicr  lie  could  be  prosecuted  for  peijury  is  another  matter. 

Mr.  WiM.lAMS.  If  lie  comes  iiere  voluntarily  and  submits  himself  to  the  jurisdiction  of 
the  committee,  he  becomes  like  any  otlier  persf)ii,  it  strikes  me. 

Mr.  Howard.  At  all  events,  it  lie  refused  to  answer  (juestions  or  gave  equivocal  answers 
it  would  \h'  for  the  committctf  togive  liis  testimony  sucli  weight  as  it  would  bo  entitled  to. 

Mr.  ScilURZ.  I  do  not  think  liiat  he  could  be  prosecuted  for  ])eijuiy.  Being  the  dijilo- 
matic  representative  of  a  foreign  power  he  would  be  entirely  exempt. 

Mr.  WlIJ.lA.M.'-i.  'I'lic  minister  of  l^ngland  is  liable  for  a  crime  ctiiiimitled  in  this  countiy 
just  as  much  as  I  am.    Suppose  he  murdeis  a  man,  is  lie  not  liabli- .' 

Mr.  Snil  HZ.  Tliat  is  a  ditlV'ioit  thing. 

Mr.  Wll.l,lAM.'<.  Jflie  commits  jieijnry,  or  larceny,  or  murder,  lie  is  as  mudi  sulject  to  the 
criminal  juii.silicti(/n  of  this  country  as  a  citizen. 

Mr.  S(IH:k/..  I  doubt  very  mu<li  whitlier,  il  he  ^vere  here  as  a  witness,  we  cotild  i)rose- 
cute  him  for  jierjnry. 

Mr.  Wll.l-IA.MS.  I  do  not  think  we  coiihl  furee  him  to  come  as  a  witness,  and  testify  as  to 
maiters  connected  Willi  liis  goAtrnmcni ;  but  if  lie  slmiild  come  betore  this  committee  iu 
obedience  to  its  summons,  or  make  a  voluntiiiy  u]i|)eanince,  wliicii  il  woidd  be  in  fact 

'J'lie  Chairman.  He  !«  not  even  subpd-naid. 

Mr.  HoAVARD.  He  is  coming  here  voluntarily,  I  understand.  Kspecially,  as  Mr.  Fabens'.s 
cliaracter  is  Implicated  in  this  niatfer,  and  various  charges  are  made  against  him  jiersonaily, 
it  scenis  to  n.e  fair  that  he  hl.ould  be  ullowed  to  make  his  own  statements. 


DAVIS    HATCH.  99 

Mr.  Williams.  So  far  as  I  am  concerned  I  have  no  desire  to  have  Mr.  Fabens  present 
when  otlier  witnesses  are  examined.  I  think  there  is  a  propriety  in  his  Ijeinti^  away  while 
other  witnesses  are  examined,  if  it  is  the  desire  of  any  member  of  the  committM-, ;  but  I  do 
not  concur  in  the  idea  that  he  may  not  be  examim^d  as  a  witness  if  he  is  willinnj  to  come, 
because  our  object  here  is  to  ascertain  the  truth  about  tliis  matter  from  all  sources. 

Mr.  Fehhy.  The  only  one  point  that  lias  struck  nie  in  regard  to  Mr.  Fabens  is  this  : 
whether,  with  his  privileges,  his  testimony  here  would  be  apt  to  give  us  more  insight  into 
tlie  truth  of  this  transaction  than  we  should  possess  without  it.  The  tlieory,  as  I  under- 
stand, is  that  Mr.  Fabens  voluntarily  appears  here  and  voluntarily  offers  liis  testimony.  He 
voluntarily  answers  such  questions  as  he  chooses  to  answer,  and  refuses  to  answer  such 
other  questions  as  he  chooses  to  refuse  to  answer.  If  that  be  so,  his  examination  would  not 
conduce  to  the  elucidation  of  truth. 

The  Chairman.  Would  not  this  be  the  better  way  in  regard  to  his  testimony:  he  has  a 
right  to  be  a  witness  if  he  pleases 

Mr.  Fekuy.  He  has  no  right  about  it. 

The  Chairman.  He  has  a  right  to  waive  his  privileges  if  he  chooses. 

Mr.  SrnuRZ.  He  can  do  that. 

The  Chairman.  The  suggestion  I  was  about  to  make  was  this :  that  if  lie  appears  here 
and  testifies  as  a  witness  ;  whenever  the  time  comes  that  he  refuses  to  answer  any  question 
the  point  could  then  be  very  properly  raised  whether  the  testimony  he  had  given  previous 
thereto  should  not  be  stricken  out. 

Mr.  Williams.  I  think  it  would  be  entirely  proper,  if  Mr.  Fabens  appears  here  as  a  wit- 
ness, to  inform  him  before  he  commences  that  in  testifying  here  it  is  understood  that  he  puts 
himself  in  the  position  of  any  other  witness  before  this  committee,  and  will  be  expected  to 
answer  all  questions  like  any  other  witness.  If  he  sees  proper,  under  such  circumstances,  to 
waive  his  privilege,  he  may  do  so  ;  but  he  must  do  it  witli  the  understanding  that  he  is  liable 
to  cross-examination  and  will  be  required  to  answer  all  questions  like  any  otlier  witness. 
Would  not  that  be  well  ?    , 

Mr.  ViCKERS.  I  think  that  would  be  very  well. 

Mr.  Williams.  Then  if  he  prefers  not  to  testify  he  may  withdraw.  But  if  he  testifies  at 
all,  I  shall  insist  that  he  shall  answer  all  proper  questions  which  will  not  implicate  himself 
in  any  particular  crime,  just  like  any  other  witness  ;  but  as  far  as  I  am  concerned  I  shall 
insist  that  he  answer  every  question  about  this  subject-matter,  no  matter  whom  the  question. 
may  affect.     That  would  be  my  idea. 

Mr.  Howard.  How  far  he  could  waive  his  privilege  is  a  more  delicate  question.  I  take- 
it  in  law  it  is  not  his  personal  privilege,  but  the  privilege  of  his  government. 

Mr.  ScHURZ.  I  was  just  about  to  make  that  remark. 

Mr.  How.'VKD.  We  can  tell  better  when  he  comes  to  make  his  statement. 

Mr.  ScuuRZ  Then  I  move,  in  the  first  place,  that  Mr.  Fabens  be  not  permitted  to  be 
present  during  the  examination  of  witnesses. 

Mr.  Howard.  In  reply  to  that  suggestion  I  would  say  that  I  shall  have  to  interrogate 
General  Babcock  on  some  points  which  it  is  necessary  Mr.  Fabens  should  understand  be- 
fore he  comes  to  testify;  because  I  shall  want,  when  he  is  examined,  to  put  questions  to  him 
on  the  same  subjects.  So,  for  convenience,  I  should  prefer  to  have  him  present  during  some 
of  the  time  at  least. 

The  Chairman.  The  motion  is  that  Mr.  Fabens  be  not  permitted  to  be  present  during  the 
examination  of  other  witnesses. 

Mr.  Ferry.  I  think  that  is  most  manifestly  proper  ;  and  in  regard  to  the  suggestion  just 
made  by  Senator  Howard  that  General  Babcock  is  to  be  examined  by  him  upon  certain  par- 
ticulars and  that  he  wishes  Mr.  Fabens  to  be  present  when  General  Babcock  thus  testifies, 
because  he  expects  to  call  Mr.  Fabens  to  the  same  points.  I  submit  that  that  is  the  very 
reason  why  courts  exclude  witnesses  from  being  present  at  the  testim<my  of  other  witnesses. 
I  think  the  statement  made  by  Senator  Howard  ought  to  be  a  sufficient  reason  why  Mr. 
Fabens  should  be  excluded,  at  any  rate,  when  the  testimony  of  General  Babcock  is  given. 

Mr.  Howard.  My  object  is  to  have  him  informed  of  the  nature  of  the  subject-matter 
about  which  I  shall  interrogate  General  Babcock,  so  that  he  may  have  the  stibject  in  mind 
when  he  himself  is  examined.  That  certainly  is  fair,  as  it  seems  to  me.  And  the  idea  of 
excluding  a  man  from  attendance  on  this  committee  simply  because  he  is  the  representative 
of  a  foreign  power,  when  his  own  personal  character  is  deeply  involved  in  the  question  un- 
der investigation,  and  when  accusations  of  the  most  disreputable  kind  are  made  against  him 
personally,  as  well  as  against  his  government,  is  to  me  a  very  singular  principle  of  law.  I 
cannot  imagine  that  there  can  be  any  such  principle. 

Mr.  VicKERS.  That  is  not  the  point  now. 

Mr.  Howard.  The  motion  is  that  he  shall  be  excluded  from  the  room.  Certainly,  when 
a  criminal  is  on  trial,  no  matter  how  inconsiderable  or  contemptible  the  offense  may  be  with 
Avhich  he  is  charged,  he  is  at  least  allowed  to  be  present  to  hear  the  witnesses  examined 
against  him,  and  nobody  can  deny  that  Mr.  Fabens  is  directly  charged  with  otfenses  and 
misconduct  connected  with  the  concoction  of  this  treaty.  Why  should  he  be  excluded  from 
hearing  the  testimony  ?     Will  you  exclude  from  such  an  investigation  the  very  man  whose 


100  DAVIS    HATCH. 

character  aucl  conduct  are  in  question  ?  It  seems  to  nie  to  be  contrary  to  every  principle  of 
justice. 

Mr.  ScHURZ.  I  think  when  Mr.  Fabens  is  examiner]  nobody  will  object  to  any  member 
of  the  committee  telling  him  what  the  testimony  on  tlie  point  as  to  which  he  is  being  exam- 
ined has  been,  at  any  rate,  if  it  affects  him. 

Mr.  ViCKRRS.  That  would  be  right. 

Mr.  SCHURZ.  Certainly  ;  but  the  question  is,  whether  he  should  assist  here  while  we  are 
taking  testimony  in  which  he  is  not  concerned  at  all  personally,  and  which  may  involve 
great  interests  of  our  government  alone. 

Mr.  Fekrv.  To  talk  of  Mr.  Fabens  being  on  trial,  or  under  charge  here,  is  an  absurdity. 
The  evidence  in  the  case  has  disclosed  circumstances  which,  if  true,  disparage  M.  Fabens; 
but,  on  that  account,  to  place  him  in  tiie  light  of  a  person  accused  and  on  trial,  and  there- 
fore to  be  confronted  with  the  witnesses,  strikes  me  as  very  strange. 

ilr.  Hf)\VARD.  Does  Senator  Ferry  pretend  to  deny  that  this  proceeding  is  in  the  nature 
of  an  accusation  against  Mr.  Fabens  as  well  as  Mr.  Cazueau,  President  Baez,  General  Bab- 
cock,  and  other  persons?  If  there  is  no  accusation  against  those  gentlemen,  why  was  this 
inquiry  launched  ? 

Mr.  Fkrry.  I  deny  that  this  proceeding  is  in  the  nature  of  an  accusation  against  anybody 
except  the  Dominican  govennnent  for  wrongs  and  outrages  perpetrated  upon  Davis  Hatch, 
a  citizen  of  the  United  States.     That  is  what:  this  case  is  exactly. 

The  Chairman.  That  being  the  case,  and  Mr.  Fabens  being  the  representative  of  the 
Dominican  government,  is  he  not  entitled  to  know  what  is  alleged  against  his  government  ? 

Mr.  SciiiRZ.  Then,  upon  the  same  principle,  when  we  investigate  the  Alabama  claims, 
the  representative  of  the  Crown  of  England  should  assist  at  the  meetings  of  the  Committee 
on  Foreign  Relations. 

The  Chairman.  Clearly  ;  there  would  be  no  trial  otherwise,  if  that  matter  was  under  ex- 
amination. If  this  is  an  accusation  against  the  Dominican  government,  and  that  govern- 
ment is  not  to  be  heard,  what  kind  of  a  trial  is  it  to  be  ?     Wholly  ex  parte  f 

Mr.  ScnURZ.  According  to  all  rules  of  international  intercourse,  the  diplomatic  represen- 
tative of  a  foreign  power  has  the  right  to  refute  all  such  statements,  if  he  thinks  fit  to  do  so, 
by  a  note  to  the  Secretary  of  State,  and  in  that  way  protect  his  government  against  all  un- 
just accusations,  if  there  be  such. 

The  Chairman'.  I  will  put  the  question  on  the  motion  that  Mr.  Fabens,  as  the  representa- 
tive of  a  foreign  power  be  excluded  from  the  committee  room  while  testiuiony  is  being 
taken. 

The  motion  was  agreed  to  ;  Messrs.  Ferry,  Williams,  Schurz,  and  Vickers,  voting  in  the 
affiraiative. 

Mr.  H()WARi).  I  wish  to  enter  my  protest  against  that  act  of  injustice,  for  I  regard  it  as 
such,  not  intending,  however,  to  impute  any  such  motive  to  any  member  of  the  committee. 

Mr.  SciiLRZ.  Jly  motion  was  that  Mr.  Fabens  as  the  diplomatic  representative  of  a 
foreign  power  be  excluded. 

Mr.  Wn.LiAMS.  I  voted  in  that  way  ^vitll  the  understanding  that  Mr.  Fabens  may  be 
called  and  may  testify  as  a  witness  in  this  case  ;  or,  if  he  claims  the  right  at  any  time  to  be 
heard  in  bcljalf  of  his  government  before  this  connnittee  on  this  ([uestion,  I  shall  accord  him 
that  riglit ;  but  I  do  not  see  any  reason  why  he  should  be  present  during  our  discussions  and 
deliberations. 

Mr.  Fkrry  presented  the  following  dispatches,  which  were  received  in  evidence: 

Mr.  Gnuticr  to  ]\]r.  Perry. 

"  MiNISTKRIO  1)K  LAS  KF.f.AriONF.S  EXTKRIORKS, 

"  Sfin  Domiiii^'o,  t'lhrero  19,  1870. 

"  SF,Nr)R  Cox.'stii. :  Cuando  en  virtud  de  los  liechos  que  aparecen  justificados  on  el  procoso 
instruido  <1  cargo  del  Sr.  Davis  Hatch,  fue  esto  condenado  a  la  pena  capital,  el  Prcsidente 
I'.'iez  ocurri^>  al  Honorable  Sciiado  pidiendo  por  medio  do  un  mensa(|ue  especial  la  coopera- 
cion  de  aquel  podcr  d(d  Estado  para  salvnr  la  vida  de  aqucl  individuo ;  no  por  otro  motivo 
sino  ))or  el  de  sc^r  Ciudadano  Norte-  Americano. 

"  Ajjcsar  de  (|ue  por  nui-stras  institucioncs  la  gracia  de  la  vida  que  se  concede  6.  un  rco,  no  le 
absui-lve  de  la  pcna  immediata  ((pK!  es  la  de  prision  perpelua)  el  mismo  rresidcnte  dispuso 
riue  se  le  daria  su  pasapoile,  tan  liicgo  como  lo  permctieran  las  circostaniias,  a  fin  do  que 
pudiera  gozar  d(^  plena  liljertad  en  el  lugar  <'n  (inc.  fuera  inofensivo. 

"  Las  re|i(!tidas  y  urg<-nti's  solicitudes  (jmc  V.  S.  ha  heclio  en  favor  de  dicho  Hatch,  unidas 
al  deieo  (pie  lieno  mi  (loliierno  de  comjihiciT  al  do  Washington  le  lialuia  pcrsuadido  a  con- 
cei'er  <d  pasaporte,  /i  no  halnTle  contcnido  la  iricconciliablo  (iicmistad  con  <[\u\  alaca  al  (Jo- 
Viicrno  en  fodos  hus  actos  por  los  j)eri('idicos  y  al  favor  do  sus  agenti-s,  agolando  las  calumnias 
para  contrariar  cl  penaamiento  de  annexion  .4  los  K.  U.  maiiifestailo  tan  altay  piihlicamentc 
por  las  poblacioMes. 

"  Deseo  qw  /.  S.  tcuga  ^i  bicn  manit'estar  !il  ICxc.mo.  8r.  Miiiistro  de  Estado  do  Washing- 
ton, quesoloe'  deseode  )nq)ediar  laaccione  hostildel  Sr.  Hatch,  en  New  York  ha  proiongado 
su  permanencia  aqui ;  asegurdndolc  que  si  esta  razon  no  fcalisfaciero  ul  Sr.  Ministro,  6  insis- 


DAVIS    HATCH.  101 

tiere  en  que  .se  le  ponnita  niarcliarse  el  Gobienio,  que  no  lia  teniJo  ofra  mim  que  la  de  que 
no  se  altere  la  verdad,  dcscarriando  la  oi)inion  puhliea  en  lus  E.  U.  estara  niuy  dispuesto  a 
satlsfacer  su  dcseo. 

'•  Aprovecha  esta  ocasion  para  reiterar  a  V.  S.  los  sentimeutos  de  mi  consideiacion  la  mas 
distin<fuida. 

"M.  M.  GAUTIER, 
"  M'tro  de  Eelac's  Exteriores. 
"Hon.  R   H.  Pkiiky, 

"  JjO'CMte  Concrciut.  de  los  E.  U.,  San  Domingo. '^ 

"  DeparTxMent  of  State  for  Foueion  Affairs, 

"  S««  Dornlm^o,  Fehruarij  11),  1870. 

"  Mr.  Consul  :  In  virtue  of  the  evidence  produced  pending  the  trial  of  Mr.  Davis  Hatch, 
he  was  condemned  to  death,  when  President  Baez  appealed  to  the  honorable  body  of  sena- 
tors, asking'  them,  by  means  of  a  special  messarje,  for  their  co-operation  to  save  the  life  of 
that  individiial,  and  for  no  other  motive  than  that  of  his  bein<^  a  citizen  of  North  America. 

"According  to  our  institutions  the  grace  of  life,  which  is  accorded  to  one  condemned  to 
death,  does  not  prevent,  by  any  means,  his  being  consigned  to  perpetual  imprisonment,  but 
the  President  directs  that  his  passports  may  be  given  him  as  soon  as  circumstances  will  per- 
mit, so  tliat  he  may  enjoy  full  liberty  in  any  place  wherein  his  acts  will  be  inoffensive  to  us. 

"  The  repeated  and  urgent  solicitations  which  you  have  made  in  favor  of  the  said  Hatch, 
united  with  the  desire  which  my  government  has  to  please  that  of  Washington,  would  have 
persuaded  us  to  concede  his  passports  at  once,  had  it  not  been  for  the  irreconcilialjle  enmity 
with  wiiicli  he  attacks  the  government  in  all  of  its  acts  through  the  newspapers  and  their 
agents,  inventing  calumnies  to  divert  the  public  mind  against  annexation  to  the  United 
States,  which  desire  has  been  manifested  so  loudly  and  publicly  by  the  people 

"  I  desire  that  you  will  be  good  enough  to  assure  his  excellency  the  Secretary  of  State  iu 
Washington,  that  the  prolonged  sojourn  of  Mr.  Hatch  here  has  been  only  to  prevent  his 
hostile  action  in  New  York,  assuring  him,  at  the  same  time,  that  if  this  reason  will  not  satisfy 
him,  and  tiiat  should  he  insist  on  his  (Hatch)  being  permitted  to  go,  the  government,  which 
has  had  no  other  aim  than  that  of  preventing  falsehood  and  the  misleading  of  public  opinion 
iu  the  United  States,  will  be  very  glad  to  satisfy  his  wishes. 

"  I  avail  myself  of  this  occasion  to  reiterate  to  you  theseutiments  of  my  most  distinguished 
consideration. 

"  M.  M.  GAUTIER, 
"  Minister  of  Foreign  Affairs.''^ 


31  r.  Davis  to  Mr.  Ferry. 

"Department  of  State, 

"  fVashington,  March  14,  1870. 
"  Sir  :  Your  dispatch  No.  9,  dated  February  20, 1870,  inclosing  your  quarterly  return  and 
copies  of  two  letters  from  the  minister  of  foreign  affairs,  one  of  which  is  in  relation  to  the 
imprisonment  of  Mr.  Davis  Hatch,  has  been  received. 
"  You  are  instructed  to  demand  the  immediate  release  of  Mr.  Hatch. 
"  I  am,  sir,  your  obedient  servant, 

"J.  C.  B.  DAVIS. 

"  Assistant  Secretary. 
"Raymond  H.  Perry,  Esq., 

"  United  States  Commercial  Agent,  San  Domingo." 

Mr.  Schurz  presented  tlie  following  dispatches,  numbers  21  and  22,  of  Mr.  Perry,  whicli 
were  among  the  papers  brought  to  the  committee  room  by  Secretary  Fish  on  Saturday,  but 
not  read  by  him,  viz  : 

"  Commercial  Agency  of  the  United  States  of  America, 

"  <S«M  Domingo,  May  14,  1870. 

"  Sir  :  In  conversation  with  President  Baez  the  other  day,  that  gentleman,  among  other 
things,  told  me  that  Mv.  J.  W.  Fabens  was  about  proceeding  to  Washington  as  minister 
plenipotentiary  of  the  Dominican  Republic,  and  that  he  (Baez)  was  forced  to  this  action 
by  the  request  of  General  O.  E.  Baftcock  and  W.  L.  Cazneau.  Later  in  the  daj-  I  met 
Mr.  Fabens,  who  gave  me  the  same  information  ;  and  it  is  right  to  add  that  this  step,  on 
the  part  of  President  Baez,  surprised  every  one  in  San  Domingo,  and  created  a  most  un- 
favorable impression  among  all  classes  of  the  peoi)le  there,  and  especially  the  friends  of 
annexation.     Those  two   individuals,  Cazneau  and   Fabens,  are  in  very  bad  repute  in  that 

LIBRARY 

UNIVERSITY  OF  CALIFORNIA 

SANTA  BAItBARA 


102  DAVIS    HATCH. 

country,  where  they  are  well  known.     It  is  unfortunate  that  such  men  should  be  connected 
in  any  way  with  the  treaty. 

"  But  the  ji^overnment  of  President  Baez  yielded  to  the  urgjent  demand  from  Washington, 
more  particularly  since  Fabens  gave  out  that  he  had  received  a  letter  from  the  Honorable 
Charles  Sumner,  in  which  he,  Fabens,  declares  that  gentleman  pledged  himself  to  go  for  San 
Domingo. 

"  I  have  the  honor  to  be,  most  respectfully,  your  obedient  servant, 

"'KAYMOND  II.  PERRY, 

"  United  States  Commercial  Agent. 
"  Hon.  Hamilton  Fish, 

"  Secretary  of  State,  JVashinglon,  D.  C." 


"Commercial  Agency  op  the  United  States  of  America, 

^^  Sail  Domingo,  Mmj  14,  1870. 
"  Sir  :  I  have  the  honor  to  acquaint  you  that  on  leaving,  May  17th  instant,  I  was  assured  by 
the  authorities  that  that  republic  was  tranquil  througliout,  and  that  the  rebel  General  Cabral 
is  in  Hayti,  without  means,  men.  or  credit ;  and  during  my  ofticial  residence  in  this  country 
I  am  given  to  understand  by  well-informed  persons  of  all  parties  in  San  Domingo  that 
Cabral  and  his  friends  are  in  favor  of  annexation  to  the  United  States,  but  that  they  only 
object  to  its  being  done  under  the  government  of  President  Baez. 

"I  have  likewise  to  inform  you  that  the  rebel  General  Loperon  was  at  Turk's  Island,  which 
place  he  reached  some  weeks  since,  having  embarked  at  Cape  Haytien. 
"I  am,  sir,  with  great  respect,  your  obedient  servant, 

"R.  H.  PERRY, 
"  United  States  Commercial  Agent. 
"Hon.  Hamiltom  Fish, 

"  Secretary  of  State,  Washington,  D.  C." 

Ray.mond  H.  Perry  recalled. 

By  Mr.  Howard  : 

Question.  State  whether  you  did  or  did  not  deliver  to  the  Secretary  of  State,  on  Saturday 
last,  the  11th  instant,  a  long  letter  from  yourself,  addressed  to  him,  respecting  your  mission 
in  San  Domingo. — Answer.  I  did. 

Q.  When  were  you  examined  before  this  committee? — A.  On  the  0th. 

Q.  Had  not  General  Babcock  been  examined  also  by  the  committee  before  you  presented 
your  letter  to  the  Secretary  of  State? — A.   I  think  so. 

Q.  What  was  the  date  of  that  letter  which  you  delivered  to  the  Secretary  of  State  on  tho 
nth?— A.  The  7th  of  June,  I  think. 

By  Mr.  ViCKERS : 
Q.  Had  3"ou  prepared  that  paper  prior  to  the  examination  of  General  Babcock  before  the 
committee  ?— A.  Yes,  sir.     I  mentioned  the  niglit  of  my  examination  tliat  I  had  tlie  paper 
then  in  my  pocket,  and  that  I  had  kept  it  back  because  I  was  advised  to  keep  it  back. 

By  Mr.  SciiURZ: 

Q.  Can  you  state  what  parties  gave  you  that  advice  ? — A.  I  would  prefer  to  wait  before 
going  into  that,  until  my  examination  is  resumed  regularly  in  full. 

Mr.  HoW'AiU).  Mr.  Cliairman,  I  now  produce  a  copy  of  tlie  letter  to  wliicli  Mr.  Perry  has 
referred,  dated  .June  7,  1H7(I,  and  I  propose  to  examine  General  Babcock  in  regard  to  the 
statements  CDiitained  in  it. 

Mr.  ScMiR/,.  Before!  the;  examination  of  General  Babcock  proceeds  I  sliould  like  to  ask  a 
question  conctiriiing  this  paper.      How  did  the  pajjcr  come  b(!foro  the  committee  ? 

Mr.  Howard.  1  can  tidi  you,  sir.  Tlu^  paper  came  into  my  pos.session  and  I  had  a  clerk 
copy  it  for  the  u.se  of  the  coininittce. 

.Nfr.  Scriiit/,.   Did  it  como  from  the  State  Dei)artment? 

Mr.  IIou  Ai{i».   Yes,  sir. 

Mr.  Sciiiit/.  Through  General  I?abcock  ? 

Mr.  ll(»w\iti).  No,  sir.  General  Babcock  ioicw  nothing  about  it  until  ttic  pajier  came 
into  my  hands  in  a  legitimate  way,  and  I  lliink  lie  knew  nothing  about  it  until  1  had  had  a 
copy  of  it  prepared. 

The  paper  was  produced  and  read  to  the  coniinittcc  as  follows: 

"Washington,  June!,  1870. 
"Sir:   Your  rdmmunication  ofOlh  in.stant  is  received.     If  you  will  refer  to  my  communi- 
cation of  the  titli  y(ju  will  see  that  I  do  not  decline  to  mentitm  names  and  facts,  as  you  inti- 
mate and  quote,  but  I  remarked  that  I  thought  it  was  prudent  for  me  not  to  mention  further 


DAVIS    HATCH.  103 

names  and  facts  until  such  investiijation  be  bpgnn.  I  huvc  liail  no  other  motives,  wliile  liolil- 
iiip;'  the  position  as  plrnipotentiary  and  United  States  conuneicial  ap:ent  at  San  Dominfjo, 
than  to  carry  out  the  wishes  of  my  {government  and  the  policy  of  President  Grant,  free  from 
any  motives  of  self-interest  and  the  influence  of  influential  friends,  and  have  endeavored  to 
act  honorably  and  justly  in  my  intercourse  with  my  {government  and  that  of  San  Domingo, 
but  I  regret  to  say  that  I  have  not  receiv(>d  in  return  the  samn  spirit  of  frankness  and  hon- 
esty of  purpose.  Having  had  conversation  to-day  with  senators  and  others,  all  friends  to 
President  Grant,  and  having  unwillingly  heard  conversation  lioth  hero  and  in  San  Domingo 
that  President  Grant  might  be  knowing  to  all  the  facts  connected  with  this  annexation  move- 
ment, I  deem  it  now  my  duty  to  inform  tlie  department  all  I  know  in  relation  to  this  case, 
as  I  am  positive  that  President  Grant  is  not  aware  of  the  true  history  of  this  annexation 
movement,  or  the  false  character  of  the  men  he  (or  General  Pabcock)  has  employed 
in  bringing  it  to  a  successful  issue.  I  have  written  both  the  State  Department 
and  General  Babcock  of  the  reputation  of  these  men  more  than  once.  If  you  remember,  I 
was  not  desirous  of  going  on  this  mission  to  San  Domingo,  and  so  expressed  myself  to  you 
and  at  the  Executive  Mansion.  I  went  with  everything  involved  in  mystery,  with  letters  from 
General  Babcock  to  (as  he  expressed  them)  his  friends  Cazneau,  Fabens,  and  Spofford, 
Tileston  &  Co.,  and  others,  who  I  was  advised  to  advise  with,  and  that  Cazneau  and  him- 
self had  had  J.  S.  Smith,  ex-connnercial  agent,  relieved,  as  he  was  not  friendly  with  Caz- 
neau and  Fabens  for  annexation  of  the  island  to  the  United  States.  You  will,  perhaps, 
remember  telling  me  to  write  everything  to  the  department ;  I  endeavored  to  do  so,  and  it  was 
my  wish  to  do  so  ;  but  liad  I  written  iully  the  manner  in  which  this  whole  movement  was 
being  conducted,  I  feared  the  government  would  not  be  able  to  carry  out  the  plan  of  annexation. 
I  was  also  advised  by  Generals  Babcock  and  Ingalls,  Cazneau,  Baez,  and  others,  to  write 
nothing  personal,  and  always  speak  encouraging  in  my  communications.  I  have  also  had  di- 
rections from  several  others  what  my  correspondence  should  be  to  the  Department  of  State  at 
Washington,  and  have  been  requested  to  keep  back  facts  in  relation  to  the  electiim,  and  Ca- 
bral's  party,  and  the  discontent  of  the  people  of  the  island.  No  man  can  serve  two  masters. 
So  I  held  myself  responsible  to  the  State  Department,  and  by  so  doing  have  displeased  these 
and  other  gentlemen.  I  sailed  on  the  steamer  Tybee  ou  the  3d  day  of  November,  18H9, 
for  San  Domingo,  and  met  on  the  voyage  Mr.  Fabens,  who  was  full  of  his  accounts  of 
the  rascality  of  a  Mr.  Hatch,  and  expressed  a  wish  I  should  not  release  him  on  my  arrival 
at  San  Domingo,  as  he  was  an  enemy  to  Baez  and  annexation,  and  also  to  himself  and  Caz- 
neau ;  and  that  he  (Fabens)  and  his  friend  Cazneau,  as  he  represented,  a  man  of  great 
wealth  and  influence  in  San  Domingo  and  at  Washington,  woirld  indorse  me ;  that  I  had  a 
great  opportunity  for  making  a  rapid  fortune,  &c.  Ou  my  arrival  at  San  Domingo  I  called 
upon  President  Baez  and  Cazneau,  and  others ;  all  appeared  glad  to  see  me.  I  relieved 
Mr.  Smith  on  the  Kith  day  of  November,  lt-'G9,  who  gave  me  a  brief  history  of  affairs  :  tirst, 
that  Cazneau  was  running  the  whole  thing,  that  is,  the  Dominican  government,  and  repre- 
sented a  large  portion  of  the  public  lands  of  the  island  for  parties  in  New  York  City  ;  that 
he  was  a  very  bitter  confederate  during  the  war;  was  from  Texas;  and  now,  apparently,  a 
strong  Grant  man  ;  and  that  he  represented  that  he  was  a  special  agent  of  the  United  States, 
ajid  iu  direct  correspondence  with  President  Grant.  This  Mr.  Cazneau  told  me  himself,  and 
that  I  was  very  fortunate  to  be  sent  to  San  Domingo  at  this  time  ;  he  could  insure  me  a  fine 
plantation,  and  opportunities  to  handle  money  for  men  in  New  York  City  whom  he  knew,  and 
would  introduce  me  to  them.  (This  is  an  old  game  of  his,  as  some  unfortunates  iu  New  York 
City  can  testify. )  I  told  him  I  was  after  a  reputation,  not  money,  and  several  times  found  it  nec- 
essary to  make  Baez^ind  Cazneau  this  same  remark,  and  that  if  they  would  give  me  two  hun- 
dred and  fifty  mounted  men  I  would  contract  to  do  all  the  fighting  on  the  island,  and  capture 
Cabral  and  Luperon,  and  resign  my  position  as  commercial  a<zent  at  once.  But  this  was 
not  what  they  wanted,  as  I  have  since  learned;  it  was  their  plan  to  keep  Cabral  on  the 
frontier,  so  as  to  keep  the  Dominican  people  under  arms,  as  Baez  could  more  readily  handle 
them  when  organized  under  his  generals,  who  are  his  brothers  and  connections,  or  held  to 
him  by  some  strong  influence.  The  morning  of  the  JBth  of  November,  1869,  while  at 
breakfast  with  Mr.  Prime,  Fabens,  and  others  at  the  hotel,  Fabens  remarked  that  a  man-of- 
war  would  be  in  that  day  with  General  Babcock  on  board.  Within  two  hoin\s  after  that 
remark,  one  was  signaled  at  sea.  She  was  soon  at  anchor.  I  received  a  note  from  General 
Babcock  requesting  me  to  come  on  board  and  bring  Colonel  Fabens.  I  went  immediately 
on  board,  (Fabens  could  not  be  found,)  and  met  General  Baljcock,  Sackett.  and  Ingalls. 
General  Babcock  then  showed  me  the  treaty  and  my  commission  from  President  Grant  to 
negotiate  the  same.  General  Babcock  told  me  he  had  full  directions  from  the  President; 
but,  holding  a  commission  in  the  army,  as  he  did,  he  could  not  sign  the  treaty-,  si>  I  had 
been  commissioned  to  do  so.  Generals  Babcock,  Sackett,  and  Ingalls  came  on  shore  the  next 
morning  and  called  upon  President  Baez;  Cazneau  and  Fabens  being  present.  The  above- 
named  gentlemen  were  present  every  day  during  the  negotiations,  cxce])ting  Ingalls.  On 
the  next  day  they  called  again  ;  when  the  treaty  was  read  Cazneau  proposed  to  draw  up  two 
separate  papers,  one  to  place  before  the  people  of  San  Domingo,  to  control  the  elections,  the 
other  before  the  United  States  government,  to  keep  them  quiet*  This  was  approved  by 
Baez  and  Mr.  Delmonte,  who  remarked  that  it  would  influence  and  hasten  the  election  in 
San  Domingo.     I  protested  against  this  to  General  Babcock,  and  remaiked  to  him  we  had  no 


1C4  DAVIS    HATCH. 

light  to  deceive  the  Dominican  people.  General  Babcock  also  protested  ag-aiust  this,  and 
said  it  would  place  Grant  in  a  wronj^  position.  Baez  and  Dehnonte  said  it  -was  only  a 
fiction,  and  if  they  did  not  succeed  in  the  vote  for  annexation,  and  our  government  did  not 
accept  them,  that  it  would  cost  them  their  lives.  During  the  whole  of  this  time  these  plans 
were  kept  a  secret  from  the  United  States  and  Dominican  government,  or  rather  the  people. 
General  Babcock  often  told  me  that  I  must  stand  by  Cazneau  and  Fabens,  and  advise  with 
them  ;  that  they  represented  large  interests  on  the  island  ;  tiiat  lie  had  interests  with  them. 
Cazneau  also  told  me  that  Babcock  aud  Ingalls  had  interests  in  real  estate  with  liim,  and 
that  he,  Fabens,  and  his  friend  in  N^w  York  had  originated  the  idea  of  annexation.  I  told 
Babcock  one  day  in  my  office,  in  San  Domingo,  that  I  thought  there  was  foul  play  somewhere, 
and  told  him  I  did  not  like  the  action  or  propositions  of  Cazneau,  Fabens,  Baez,  aud  others, 
and  that  I  thought  I  Avas  the  wrong  man  in  .San  Domingo  at  that  time,  and  also  ask'^d  if  he, 
Babcock,  had  known  these  men  long,  and  why  it  was  they  did  not  want  Hatch  released. 
Babcock  told  me  I  must  not  attempt  to  release  him;  that  he  wmild  woik  against  tlie  treaty, 
and  that  he  was  an  enemy  to  Cazneau,  Fabens,  and  Baez.  I  will  state  lierc  that  I  do  not 
blame  him  for  being  so,  as  he  had  been  most  foully  dealt  with  l\y  these  men,  and  I  was  of 
his  opinion  before  I  ever  saw  him.  (Hatch.)  I  formed  my  ojiinion  from  facts  in  his  case 
and  other  cases  in  San  Domingo.  Both  his  friends  and  enemies  condemu  tlie  way  he  has 
been  treated. 

"I  told  Babcock  that  Hatch  was  a  mere  political  prisoner;  tliat  he  had  assisted  both  par- 
ties, and  suffered  from  both  parties,  and  that  both  jiarties,  Baez  and  Cabral,  had  been 
equally  strong,  and  liad  many  friends  then  on  the  island,  but  the  war  was  now  (>verand  I  <]id 
not  tliink  it  right  to  keep  him  in  prison  after  he  had  been  ordered  to  be  banished  from  the 
island  ;  and  that  it  was  all  through  the  influence  of  Cazneau  and  his  friends  that  he  was  de- 
tained ;  and  that  the  last  time  lie  (Babcock)  was  in  San  Domingo  he  hai  an  American 
sailor  released  who  had  murdered  another  American  ;  that  Cazneau  and  Fabens  were  hav- 
ing Dominicans,  guilty  of  murder  and  political  offenses,  released  tlnough  Baez ;  and  that 
Baez  had  promised  me  tlie  release  of  Hatch  when  I  first  came  to  the  island  and  I  did  not 
like  the  way  things  were  working.  He  (Babcock)  then  remarked,  'Wait  until  I  leave  the 
island  before  you  say  anything  more  about  it.'  1  asked  Babcock  tlie  day  the  treaty  was  signed 
if  he  had  the  letter  from  Baez  to  our  goveriunent,  or  ratiier  to  }Iartmont,  refusing  further 
advances  on  the  loan,  and  a  copy  of  the  public  debt  of  the  island,  for  in  the  original  orders 
from  the  State  Dejiartment  it  specified  that  such  papers  should  be  furnished  to  us  before 
signing  the  treaty.  He  told  me  lie  had  not  obtained  it.  I  iiave  never  seen  either  of  such 
papers,  and  have  asked  for  a  copy  of  both  several  times  of  the  Dominican  government. 
'J'hey  either  have  not  got  them  or  do  not  wish  to  give  them  to  me.  I  have  been  assured  by 
men  who  should  know  in  San  Domingo,  that  tiiere  is  no  reliable  account  of  the  debt  of  Sau 
Domingo. 

"The  night  the  Alljany  sailed  with  Gmeral  Babcock  for  Samana  from  San  Domingo,  Fa- 
bens and  Cazneau  brought  in  a  paper  for  lauds  at  Samana;  they  wished  me  to  certify  to 
their  signature  as  correct  I  did  so;  at  the  same  time  remarking  that  they  were  connnenc- 
iiig  bu-iness  very  soon,  as  the  treaty  was  signed  that  day.  They  asked  mo  to  say  nothing 
about  it.  Fabens  and  all  hands  sailed  on  the  Albany  that  night  for  Samana,  where  Fabeus 
was  left  as  agent  of  the  United  States,  in  ciiarge  of  the  flag  and  naval  coal-yard,  where  he  is 
receiving  lumber  and  goods  free  of  all  port  charges,  representing  them  fis  government  pro)D- 
erty,  underselling  all  others  engaged  in  business  at  Sannvna.  Americans  and  Dominicans 
at  .Saiiuina  liave  complainc'd  about  this  and  otlier  matters  to  me. 

"The  first  thirty  days  of  the  time  allotted  for  Baez  to  obtain  the  vote  of  the  jicople  was  lost 
in  waiting  for  thr  protection  ol'  the  United  States  men-of-war,  as  l?aez  told  mc  he  could  not 
move  in  tiiis  matter  until  they  arrived,  and  also  told  me  that  he  had  bceti  told  by  the  Frencii 
and  Spaniards,  wiio  aie  his  friends,  and  the  English  government,  tiiat  the  United  States 
would  not  annex  the  island  ;  lie  also  told  me  that  lie  would  not  Iiave  a  vote  taken  until  the 
United  States  Senate  had  indorsed  the  action  of  President  Grant.  I>ae/,  told  Captain  Bunco 
the  same  thing,  an.l  lie  told  me  he  had  written  these  facts  to  the  Navy  Department.  Three 
days  after  tiie  departure  of  the  Albany,  I'.aez  lead  the  treaty  to  the  French  consul,  in  his 
.>-li*eping  room.  I  saw  him  in  the  act,  and  when  I  came  into  the  room  they  made  an  attempt 
to  concijil  the  papers  ;  all  these  ])r(icctdings  wc^re  to  liave  been  kept  secret.  1  mention  this 
to  show  the  cliaracte.r  of  this  man,  and  to  warn  my  governmiMit  against  his  double  dealings, 
for  he  has  liis  people  anil  the  island  for  sale  and  is  trading  it  with  the  Uniteii  States,  F,ng- 
land,  ami  l'"rance.  I  .saw  letters  from  Fabens  to  SpofVord,  'I'ileslon  iV  Co.,  giving  them  the 
full  history  of  tlu^  treaty.  SpofVinit,  'J'ileston  &.  Co.  are  the  agents  of  the  English  loan,  and 
Fabens  is  llitdr  agent  and  spy  in  San  Domingo.  Babcock  appoints  tliis  man  also  United 
Slates  agent  at  .Sjniiiimi,  und  then  writes  to  15, mz  to  IniNc  him  also  scMit  to  Wash- 
ington as  plenipotentiary,  ho  he,  Fabens,  iiolds  three  po.sjiions  in  three!  conilictiiig 
interests  at  once;  iiis  accomplice.  Cazni'au,  lays  ,ont  liie  work  on  llie  island  ami  l""abens 
does  tiie  traveling  and  tlie  go-betweens.  I  called  upon  Mr.  (.'aziieaii,  and  told  liim  I  did  not 
think  Baez  would  liavt;  a  vole  for  annexation  until  tlic^  United  States  Senati;  had  acted  upon 
tlie  ipu^stion,  as  Baez  ha«l  that  moment  expressed  hiinselt  thus  to  mi;,  and  also  to  Captain 
Bunce,  I'nited  States  Navy.  Cazneau  beeame  \  iry  niueh  excited;  toM  me  he  held  B.iez 
between  his  tiiumb  and  finger,  aud  that  he  could  compel  him  lo  have  the  \ine  at  once,  and 


DAVIS    HATCH.  105 

immctliatc'ly  took  Lis  liat  and  went  to  tlio  house  of  Baez.  What  took  place  I  do  not  know, 
at  the  liouse  ;  but  tour  days  after  this  I  saw  a  band  of  music  in  the  streets,  and  heard  that 
the  voting  for  annexation  was  to  commence  that  day.  No  one  seemed  to  understand  what 
was  froing  on.  I  have  very  wrongly  slightly  yielded  to  the  request  of  IJaez  and  Cazneau, 
and  the  wishes  of  others,  and  tried  to  make  it  appear  that  there  was  much  enthusiasm  oa 
tlie  ]>ait  of  the  people. 

"A  list  was  opened  in  the  police  headquarters  for  citizens  to  register  their  names.  Baez  and 
Delnionte  liave  told  me  several  times  that  any  man  who  opposed  annexation,  they  would 
teither  shoot  him  or  send  hiu)  his  passport.  Tlicy  hate  also  told  mn  that  it  should  be  a  free 
vote  of  the  people,  but  such  was  not  the  case.  There  was  much  feeling  throughout  the 
island  kept  iii  check,  and  the  people  were  not  permitted  to  express  any  opposition  to  annex- 
ation. I  have  seen  Baez  myself  shake  his  fist  in  the  face  of  some  of  his  nearest  friends, 
•among  whom  were  otHcers  of  the  army,  iu  Baez's  own  house,  and  tell  them  he  would 
Lanisli  them  from  the  i.sland  if  they  opposed  annexation.  This  conduct  on  the  })art  of  Baez 
made  many  who  were  iu  favor  of  annexation  opposed  to  it,  and  also  to  him.  He  al.so  closed 
the  office  of  a  paper  that  was  a  warm  friend  to  annexation,  because  it  had  an  article  against 
the  Spauiitrds  in  Cuba,  as  Baez  holds  the  rank  of  a  Spanish  marshal,  and  his  sympathy- is 
with  the  Spaniards.  I  relate  all  these  little  facts  as  they  occurred  to  me,  as  they  may  have 
some  important  bearing  on  this  question.  There  were  several  attempts  at  a  revolution  iu 
San  Domingo  City,  Pueito  Plata,  and  other  places.  But  Baez  had  his  spies  in  all  parts  of 
the  island,  and  the  prisons  were  so  tilled  with  political  prisoners  that  Baez  asked  permission 
of  Admiral  Poor,  United  States  Kavy,  in  my  j)resence,  to  send  them  to  Samaiia  Bay,  which 
propositicm  Admiral  Poor  would  not  think  ot  granting,  and  remarked  that  the  United  States 
goverument  would  not  apj)rove  of  his  making  a  Fernando  Po  of  Samana.  About  this  time  a 
large  paper  was  posted  on  my  door  one  night  protestnig  against  the  way  the  vote  on  annexation 
was  being  handled  by  the  Dominican  government,and  protestiiigalso  against  annex  ation.  This 
was  signed,  '  A  thousand  patriots.'  I  had  the  paper  interpreted  and  took  it  to  Baez.  Two 
nights  after  this  the  plot  was  discovered,  and  many  citizens  and  officers  of  the  army  were 
implicated  and  tried  ;  some  were  imprisoned,  others  banished  from  the  island.  Baez  and  his 
cabinet  asked  me  not  to  mention  these  facts  to  the  State  Department  at  Washington,  and 
refused  to  return  mc  the  paper  that  was  placed  on  the  door  of  my  bouse,  that  I  had  shown  him 
from  the  best  of  motives,  to  put  him  on  his  guard  against  an  insurrection,  and  which  informa- 
tion he  afterward  lold  me  had  prevented  it. 

'■  Baez  seemed  very  timid  and  anxious,  and  often  remarked  that  if  the  United  vStates  did  not 
ratify  the  treaty,  that  he  and  all  his  friends  would  lose  their  lives  for  taking  the  step  he  had 
for  annexation.  I  told  him  that  he  was  not  conducting  the  election  as  he  should  ;  that  if 
there  was  an  opposition  to  annexation,  ho  should  give  that  party  an  opportunity  to  express 
their  oppositiou  ;  that  the  United  States  government  did  not  want  the  island  if  they  had  to 
hold  it  with  the  bayonet,  as  Spain  had  attempted  to  do ;  that  it  would  cost  us  too  many  men 
and  too  many  millions. 

"1  am  positive  that  a  majority  of  the  people  of  San  Domingo  are  in  favor  of  annexation, 
and  strongly  in  favor  of  it ;  but  as  no  votes  were  permitted  against  it,  it  is  impossible  to  tell 
■wliat  opposition  there  is  on  the  island.  There  were  a  few  parties  requested  to  sign  against 
annexation,  so  as  to  have  the  appearance  of  some  opposition.  Many  of  the  prominent  and 
■wealthy  men  of  the  island  are  at  present  banished  for  political  ofi'enses ;  most  of  these  men 
are  iu  favor  of  annexation,  but  opposed  to  Baez. 

"I  received  an  order  for  the  immediate  release  of  Mr.  Hatch  from  the  State  Department  at 
Washington,  and  immediately  demanded  it  of  the  Dominican  government.  A  copy  of  all 
these  communications  are  in  the  State  Department.  I  refer  particularly  to  those  of  March  8, 
9,  and  10,  to  Gautier,  secretary  of  state.  Cazneau  openly  opposed  the  release  of  Hatch,  in 
presence  of  Baez,  in  his  (Baez's)  own  house.  Cazneau  was  at  the  time  asking  the  release, 
by  request  of  Mr.  Fabens,  at  Samana,  of  two  Dominicans  charged  with  murder,  which  Baez 
assured  him,  iu  my  presence,  he  would  grant  Imn,  but  could  not  grant  me  the  release 
of  Hatch.  I  then  demanded  his  immediate  release  iu  writing,  (a  copy  of  which  is  in 
the  State  Department,)  which  I  obtained  with  the  assistance  of  Admiral  Poor,  United 
States  Navy.  Mr  Hatch  has  several  times  expressed  himself  to  me  as  being  strongly 
in  favor  of  annexation,  but  opposed  to  Baez,  Cazneau,  and  Fabens,  for  having  been 
persecuted  by  them  and  detained  in  prison  by  their  influence.  Cazneau,  Baez,  and  myself 
had  some  sharp  words  on  the  matter  when  I  told  Cazneau  he  was  a  trickster  and  a  dis- 
honest man.  (See  my  report  to  the  department  and  letters  to  General  Babcock,  February  "JO, 
and  April  15th.)  When  Baez  was  alone  I  asked  him  why  it  was  that  Cazneau  had  such 
influence  with  him.  Baez  told  me  that  he  did  not  like  him,  but  that  he  was  a  friend  of 
General  Babcock,  and  was  in  direct  communication  with  President  Grant,  and  therefore 
knew  the  wishes  and  plans  of  my  government,  and  that  iu  case  of  annexation,  that  Cazneau 
would  bo  a  very  wealth}'  man,  and  the  first  governor  of  the  island.  I  told  him  I  did  not 
think  so.  He  then  answered  me  that  such  was  the  programme.  I  will  here  remark  that 
during  my  stay  in  San  Domingo  that  I  have  received  but  one  order  or  direction  of  any  kind, 
and  that  was  in  relation  to  the  release  of  Hatch  from  the  Slate  Department.  The  whole 
question  of  annexation  has  been  carried  on  between  Cazneau,  Fabens,  Babcock,  Spotford, 
Tileston,  it  Co.,  and  others  in  New  York  City,  and   urged   on   by  llartmont,  agent  of  the 


106  DAVIS    HATCH. 

Enfrlish  loau,  and  liis  ag-ents,  Spofford  &  Co.,  and  their  agent,  Fabeus,  as  tliey  wished  to  get 
their  $250,000  back,  and  also  damages,  if  they  can,  against  the  United  Stales  for  steps  the 
United  States  government  has  taken  in  this  matter. 

"  Hartmont  toUl  me  at  Piesideut  Baez's  honse.  in  San  Domingo,  that  he  could  and  should 
hold  the  United  States  for  damages  for  the  action  they  had  taken  ;  that  he  had  all  the  money 
Baezwanted,  and  that  was  called  for  on  his  loan.  I  told  him  he  did  not  have  it  when  Baez 
wanted  it,  and  when  it  was  due.  He  then  asked  me  if  there  was  no  way  to  obtain  satisfac- 
tion from  the  press  of  the  United  States  for  the  way  they  had  used  his  name,  saying  he  was 
in  prison,  ttc.  I  told  him  the  press  of  the  United  States  handled  any  one  rough  that  mixed 
np  with  political  or  national  affairs,  and  the  higher  he  placed  his  damages,  the  more  abuse 
he  would  get  from  them.  This  is  all  the  conversation  I  have  had  with  this  man,  except  a 
few  words  at  Spoll'ord  &  Tileston's  office,  as  I  came  through  New  York,  wheiel  met  him,  and 
he  wished  to  know  more  than  I  knew,  or  more  than  I  wished  to  inform  him.  < 

"Baez  told  me  he  could  get  all  the  money  he  wanted,  and  proposed,  in  presence  of  Del- 
monte,  to  deposit  8100,000  that  he  was  to  pet  from  Hartmont  in  my  house  in  San  Domingo 
City.  I  told  him  he  could  not  take  it  from  Hartmont.  Whether  this  was  done  to  try  me, 
I  do  not  know,  or  for  what  purpose  I  do  not  know,  but  such  was  the  fact  and  his  proposi- 
tion. I  spoke  of  this  at  the  time  to  my  friend,  Mr.  Edward  Prime,  National  Bank  of  San 
Domingo,  and  also  to  Mr.  John  Scott,  who  is  in  business  at  San  Domingo.  I  also  protested 
against  the  arms,  ammunition,  and  money  being  landed  on  the  island  that  were  sent  to  San 
Domingo  on  the  Tybee  by  Hartmont  through  his  agents,  Spoft'ord  &  Tileston,  by  request 
of  Fabeus,  agent  for  the  English  loau,  agent  for  the  United  States,  and  also  agent  and  plen- 
ipotentiary for  San  Domingo.  I  also  protested  against  grants  and  concessions  of  lands,  all 
of  which  correspondence  you  have  in  the  State  Department.  I  refer  particularly  to  A,  B, 
C,  D,  E,  F,  G,  H,  I,  J,  K,  L,  and  M,  audNo.23  of  June  fi,  1870.  President  Grant  informs 
me  that  1  did  right  in  protesting  against  them.  General  Babcock  tells  me  he  knew  all 
about  them,  and  also  when  the  arms  and  money  were  sent,  and  I  should  not  protest  against 
grants  and  concessions  of  lands  ;  that  my  doing  so  injured  the  chances  for  the  ratitioatiou 
of  the  treaty.  He  also  told  me  that  Mr.  Hatch  should  not  have  been  released,  and  that 
President  Grant  did  not  know  that  the  order  for  his  release  had  been  sent,  and  that  President 
Grant  was  displeased  at  it. 

"  Baez,  Delmonte,  Fabens,  and  Cazneau  all  told  me  that  Fabens  went  to  "Washington  as 
plenipotentiary  by  special  request  of  Babcock.  They  also  told  me  of  Fabens's  intluence 
with  Senator  Sumner  and  otiier  senators,  also  with  General  Banks  ;  that  these  gentlemen 
had  promised  him  (Fabeus)  to  go  for  the  treaty.  Fabens  also  told  me  the  same  thing.  Mr. 
Prime  saw  me  at  the  time  I  was  speaking  to  Fabens  on  this  subject.  I  spoke  to  Prime 
about  it,  and  also  told  Captain  Allen  of  the  Swatara.  Captain  Allen  told  me  Fabens  had 
shown  him  a  letter,  said  to  have  been  written  by  Senator  Sumner,  that  he  had  exhibited  at 
Samana,  but  that  it  was  written  several  years  ago,  and  said  nothing  about  annexation.  I 
have  positive  information  that  Senator  Sumner  never  made  any  such  assertion  to  Fabens. 
I  speak  of  this  to  show  the  means  these  men  takes  to  influence  and  blind  these  people. 
There  are  several  very  honorable  and  well  educated  Dominicans  who  speak  English,  and 
could  have  represented  their  country  very  favorably  as  plenipotentiaries.  The  people  justly 
feel  hurt  that  soi»e  Dominican  was  not  sent  with  the  returns  of  the  vote  for  annexation. 
But  Baez  did  not  dare  to  trust  an  honest  man  to  tell  the  truth. 

"During  my  opposition  to  grants  and  concessions  before  the  Dominican  senate,  Cazneau 
openly  avowed  that  he  was  takingsteps  to  have  me  reliiivetl ;  that  I  was  the  wrong  man  in  San 
Domingo  ;  that  they  had  made  a  mistake  in  having  me  sent  to  San  Domingo.  These  re- 
marks he  made  to  Pedro  Garcia,  president  of  the  senate.  He  also  told  me  and  others  that 
Generals  Babcock  and  Ingalls  and  othrrs  knew  all  about  his  petition  for  200,000  acres  of 
land.  President  Baez  also  told  mo  that  those  gentlemen  knew  about  it.  atid  tocdi  copies  of 
this  scheme  with  them  to  the  States.  I  will  state  here  a  memorandum  given  to  n\e  by  Gen- 
eral Carlos  ]5a(/,,  member  of  the  senate,  and  brt)therof  President  Baez.  Mr.  Edward  I'rime, 
of  the  National  Bank  of  San  Domingo,  is  a  witness  to  the  statement  of  (Jeneral  Baez,  as  the 
latter  gave  in  the  facts  so  I  could  protest  against  them  before  tlie  senate  ;  as  he,  and  also  the 
president  of  the  senate,  intinuited  that  if  the.se  grants  and  concessions  were  not  stopped  that 
Cazneau  and  his  friends  would  have  all  the  public  lands  of  tlie  island.  These  genth'men 
told  I'resident  B(W!Z,  at  a  mec^ting  of  the  senate  in  iho  President's  room,  that  they  did  not  set; 
wliy  Dominicans  could  not  hv  entitled  to  some  of  these  lands  as  well  as  Americans  ;  that 
tlieie  wc;rc  men  in  San  Domingo  \vho  hud  fought,  loaned  nioMev,and  given  good.s  to  support 
the,  government,  and  why  siionM  tiiey  not  be  entitled  to  sonn'  of  these  grants  and  concessions 
that  were  being  given  so  liberally.  Carlos  Baez  reepiested  that  I  should  ajjply  to  the  senate 
for  a  copy  and  protest  agaiast  this  grant,  as  the  senate  did  not  dare  to  oppose  it,  unless  1  took 
the  lead. 

"  Cazneau  |1r(^sented  a  petitifin  to  tlio  senate  on  the  21Mh  day  of  April,  IJ-'TO,  secon<led  by 
Gantier,  for  introducing  emigrants  for  the  next  two  years— two  thousand  emigrants — five 
hundred  of  them  for  the  province  of  San  Donii)igo,  the  balance  for  the  frontier;  one  hundred 
acres  of  land  to  each  emigrant.  ICniigration  to  <'ontinue  for  two  years.  Cazneau  reserves 
to  himselt  the  right  to  govern,  administrate,  and  hold  entires  control  of  these  lands  ;  these 
eniigruuts  not  to  be  Dominicans — to  be  completely'  under  his  control.     Cazneau  to   In'  the 


DAVIS    HATCH  107 

absolute  owner  of  any  mines  discovered  or  existin;^  in  these  lands.     Cazueau   presented  the 
same  petition  to  Cabral,  which  was  not  acted  upon. 

"  1  liave  considered  it  my  imperative  duty  to  briu<?  the  foregoing  facts  to  the  knowledge  of 
my  government,  in  order  tliat  it  may  be,  fiiiiy  ac(iuainted  with  all  the  circumstances  relating 
to  the  question  of  annexation,  without  my  being,  in  any  manner  whatever,  actuated  by  per- 
sonal or  private  motives,  which  I  entirely  disclaim,  and  trust  that  in  giving  the  true  history 
of  matters  connected  with  the  San  Domingo  affair  my  conduct  will  be  approved. 
"  I  am,  sir,  with  great  respect,  your  obedient  servant, 

"  RAYMOND  H.  PERRY, 

"  United  States  Commercial  Agent. 
"■  Hon.  Hamilton  Fish, 

"  Secretary  of  State." 

E.  0.  Babcock's  examination  resumed. 
By  Mr.  Howakd: 

Question.  You  have  heard  that  paper  read  ?— Answer.  Yes,  sir. 

Q.  Wliat  can  you  say  about  advising  Mr.  Perry  that  be  should  advise  with  others  in  re- 
gard to  his  course  as  stated  in  his  letter?— A.  I  have  no  recollection  of  ever  advising  hint 
in  any  such  manner.  The  letters  of  introductiou  that  I  gave  Mr.  Perry  were  voluntary  on 
my  part  and  were  intended  as  an  act  of  kindness  to  him,  he  going  down  there  as  a  stran- 
ger. He  came  into  the  Executive  Mansion  and  I  told  him  I  would  give  him  some  letters. 
I  kept  no  record  of  them,  they  being  mere  formal  letters  of  introduction.  I  gave  him  one 
to  Mr.  Gautier,  one  to  General  Cazneau,  one  to  Colonel  Fabens,  who  was  in  New  York,  and 
one  to  Spofford  and  Tileston.  My  object  in  giving  him  one  to  SpofFord  and  Tileston  was 
in  the  hope  that  those  gentlemen  would  extend  to  him  the  courtesies  of  their  steamship  line 
in  going  to  San  Domingo.  The  object  in  introducing  him  to  the  other  gentlemen  was 
simply  to  assist  him  when  he  should  arrive  in  that  country.  I  endeavored  to  tell  him  about 
other  gentlemen  that  I  had  met  there.  I  told  him  about  the  hotel  where  I  had  staid,  and 
told  him  the  names  of  some  of  the  merchants  I  had  met. 

Q.  Where  did  this  interview  take  place  ?— A.  At  the  Executive  Mansion  here,  iu  Wash- 
iutrton. 

Q.  Before  he  went  to  San  Domingo  ? — A.  Yes,  sir. 

Q.  What  can  you  say  in  regard  to  the  statement  contained  in  his  letter,  iu  which  he 
alleges  that  you  told  him  that  Cazneau  had  advised  the  removal  of  Conmiercial  Agent 
Smith  ? — A.  I  do  not  think  I  ever  told  him  so;  he  certainly  never  did  advise  me  to  do  that. 
The  reasons  for  the  removal  of  Mr.  J.  Somers  Smith  were  these,  as  I  stated  in  my  evidence 
before :  the  Dominican  government  did  not  believe  Mr.  Smith  to  be  their  friend  ;  they  be- 
lieved that  he  was  in  the  friendship  of  the  opposition;  and  when  I  returned  I  related  that 
fact  to  the  President.  They  stated  that  iu  the  communication  which  I  brought  to  the  State 
Department  at  the  time. 

By  Mr.  Ferry  : 

Q.  Who  signed  that?— A.  Mr.  Gautier.  I  told  the  President  what  this  feeling  was,  and 
told  him  that  I  did  not  know  that  it  was  true ;  but  that  whether  it  was  true  or  not,  so  far  as 
any  negotiation  with  those  people  was  concerned,  it  was  just  as  bad  whether  it  was  true  or 
not,  because  they  would  not  negotiate  with  him.  That  was  the  only  charge  I  made  against 
Mr.  Smith  or  recommendation  for  his  removal. 

By  Mr.  Howard: 

Q.  Let  me  read  another  passage  from  this  letter  of  Mr.  Perry.  He  says:  "  You  will,  per- 
haps, remember  telling  me  to  write  everything  to  tlie  department ;  I  endeavored  to  do  so,  and 
it  was  my  wish  to  do  so  ;  but  had  I  written  fully  the  manner  in  which  this  whole  movement 
was  being  conducted,  I  feared  the  government  would  not  be  able  to  carry  out  the  plan  of 
annexation.  I  was  also  advised  by  Generals  Babcock  and  Ingalls,  Cazneau,  Baez,  and 
others,  to  write  nothing  personal,  and  always  speak  encouragingly  iu  my  comnuinications." 
So  far  as  you  are  concerned,  what  remark  have  3'ou  to  make  upon  that  statement  ? — A.  I 
should  like,  as  an  answer  to  that,  that  Mr.  Perry  should  file  the  letter  I  wrote  to  him. 

Q.  Did  you  write  him  a  letter? — A.  I  wrote  him  one  letter,  either  in  March  or  April.  I 
have  no  copy  of  it,  but  I  think  Mr.  Perry  has  the  letter  in  his  possession.  If  he  has  I  should 
like  to  have  it  put  on  record  as  an  answer  to  the  question. 

By  Mr.  Perry  : 

Q.  The  inquiry  here  is  as  to  what  you  said  to  him  last  fall  some  time  ? — A.  I  do  not  un- 
derstand it  that  way.     All  that  I  ever  advised  him  was  iu  this  letter. 

By  Mr.  Schurz  : 

Q.  Do  you  remember  whether  you  did  or  not  ? — A.  In  that  letter  I  know  I  did. 


108  DAVIS   HATCH. 

By  Mr.  Howard  : 

Q.  Advised  him  how  ? — A.  Advised  him  in  writing  his  communications,  to  keep  the  offi- 
cial and  personal  matter  separate. 

By  Mr.  Schurz  : 

Q.  What  did  you  mean  by  personal  matter  ? — A.  I  will  explain.  In  one  of  his  communi- 
cations to  the  State  Department — I  cannot  give  the  express  wording,  but  the  idea — he  in- 
formed the  Secretary  of  State  that  he  had  signed  the  treaty  and  complied  with  the  instruc- 
tions and  wishes  of  General  Babcock,  and  that  he  was  ready  to  execute  any  orders  that 
might  be  sent  to  him,  and  he  would  do  so  without  personal  interest  or  such  motives  as  he 
feared  other  people  had,  not  mentioning  any  name. 

Q.  And  you  desired  him  not  to  mention  those  persons  who  might  have  personal  interests  ? — 
A.  No  ;  I  did  not  ask  him  that.  I  asked  him  not  to  put  that  in  his  official  communications. 
The  reason  I  did  it  was  that  I  was  inferentially  the  person  referred  to  if  one  saw  tit  to  im- 
pute it  to  me  as  having  done  this  work,  and  I  wanted  him  to  name  the  persons  that  he  meant. 

Q.  You  desired  him  not  to  mention  any  personal  matters  ? — A.  No,  sir  ;  that  is  not  it. 

Q.  You  say  that  he  mentioned  certain  things  in  his  dispatches  to  the  State  Department. 
Did  you  get  knowledge  of  all  the  dispatches  which  Mr.  Perry  sent  to  the  State  Depart- 
ment .' — A.  At  the  time  that  I  wrote  this  letter  I  knew  that  this  dispatch  had  been  received. 

Q.  Did  you  usually  get  knowledge  of  all  the  letters  which  Mr.  Perry  wrote  to  the  State 
Department? — A.  J  usually  had  the  general  information  ;  I  did  not  see  the  documents. 

Eaymond  H.  Perry  recalled. 

By  Mr.  Howard  : 

Question.  In  this  letter  you  make  a  statement  in  these  words :  "  I  have  also  had  directions 
from  several  others  what  my  correspondence  should  be  to  the  Department  of  State  at  Wash- 
ington, and  have  been  requested  to  keep  back  facts  in  relation  to  the  election  and  Cabral's 
party  and  the  discontent  of  the  people  of  the  island."  Will  you  state  what  other  persons 
ever  made  ady  such  suggestion  to  you  except  these  persons  just  named  in  j'our  letter  from 
which  I  have  read — what  other  persons  except  Babcock,  Ingalls,  Cazneau,  and  Bacz — 
name  them  ? — Answer.  Cazneuu  advised  me  a  great  many  times  about  that. 

Q.  What  other  persons,  except  this  list  of  names  ? — A.  I  suggested  to  Mr.  Schurz  to  have 
that  postponed  until  my  next  examination,  as  parties  have  advised  me  even  since  I  have 
been  here. 

Q.  But  you  are  speaking  in  this  communication  about  scenes  on  the  island  of  San 
Domingo  ? — A.  I  am  speaking  of  that  now. 

By  Mr.  ScHURZ : 

Q.  Did  Mr.  Fabens  ever  advise  you  to  that  effect  ? — A.  Yes,  sir ;  in  San  Domingo. 
By  Mr.  Howard  : 

Q.  Then  you  say  that  Fabens  was  one  who  advised  you  to  keep  back  information  ? — A. 
Yes,  sir. 

Q.  Do  you  thinli  of  any  one  else? — A.  Merely  the  people  I  mentioned  there. 

Q.  And  Fabens  ? — A.  Yes,  sir. 

Q.  Have  you  the  letter  just  referred  to  by  General  JJabcock  ? — A.  I  have. 

Q.  Will  you  produce  it  ? — A.  I  will. 

[The  letter  was  produced  and  lianded  to  General  Babcock,  who,  on  examination,  pro- 
nounced it  to  be  the  letter  referred  to.] 

The  letter  was  read  as  follows  : 

[  "Personal  and  confidential.] 

"  Washin(;ton,  D.  C.  March  :U),  1870. 

"My  Df.ar  Perry:  I  am  sorry  to  be  guilty  of  neglect,  and  could  I  sec  you  but  a 
moment  I  could  clear  yoiu'  mind,  as  I  sliall  do  some  day  any  way. 

"  I  havr  icc(;ivcd  two  letters  from  you  and  shown  them  to  tlu^  President.  I  would  send 
you  my  views  of  matters  here,  but  1  might  interfere  with  the  rights  of  the  State  Department ; 
80  I  shall  confine  my  hotter  to  jiersonal  nialti-rs. 

"Allyonr  friends  are  ipiite  well.  I  hear  frtim  (tcneral  Sheridan  ([uit(?  often.  I'supposo 
yon  liave  iuuird  of  his  iiaving  a  little  fronliU^  in  the  Indian  country,  (ienorals  Ingalls  and 
Sackett  are  <|uite  well. 

"I  am  porry  tlio  Anu-ricaiiH  in  San  nnmiiigd  do  not  agree,  fur  Ibeir  disagreements 
have  been  used  fn  a  disadvantage  here.  ]  s;iw  u  lotter  from  O'Siillivnn  bclbri^  I  saw  yours, 
in  wliieli  he  s:iid  yon  and  (Jeneral  ('.  had  smiie  difliciilty.  (Ii'iieial  Cn/.neau  told  me  in  a 
lett(!r  that  he  regretted  that  he  had  had  a  difhcMlty  with  yon,  but  s])<)ke  in  the  kindest  terms 
of  yon  as  a  true  gentlenian.  Arc.  I  only  mention  this  to  show  yuu  that  he  has  not  Ixien 
complaining  of  any  ili-lreatnfr'iit  with  yoti.  Yon  will  remendier  wliiit  I  told  you  when  I  gave 
you  a  letter  of  introdnctioii,  and   I   have  yet  to  know  per.sonally  of  any  act  of  bad  faith  on 


DAVIS    HATCH.  109 

liis  p;irt.     This  is  of  no  account.     The  few  Americans  tliere  slionld  unifo  in  tlie  one  great 
object,  namely,  securing  to  our  government  tiie  valuable  foothold  in  the  West  Indies. 

"You  will  remember  tliat  I  had  to  write  through  General  C.  when  Smith  was  consul. 
Since  then  I  have  simply  replied  to  his  letters.  You  wjU  e.Kcuse  me,  and  remember  that  I 
am  writing  a  strictly  private  and  confidential  letter;  and  I  am  sure  you  wish  to  serve  the  in- 
terest of  the  President,  and  will  not  allow  any  personal  feeling  to  prejudice  you  against  his 
wishes. 

"I  am  happy  to  inform  yon  that  Mrs.  B.  and  the  boy  are  quite  well.  I  hope  you  find 
means  to  pass  the  time  pleasantly.     I  shall  be  pleased  to  hear  from  you  often. 

"May  I  request  that  you  do  not  put  any  private  matter  with  official,  for  they  have  to  be 
shown  if  the  information  is  used. 

"Eeniember  me  to  Prime  and  my  friends  at  San  Don^ingo. 
"  Yours,  truly, 

"O.  E.  BABCOCK. 

"K.  H.  Perky,  5,-r.,  cS'c" 

O.  E.  Babcock's  e.xaraination  resumed. 

By  Mr.  Houahd: 

Question.  Is  that  the  only  letter  of  that  kind  you  ever  wrote  to  Mr.  Perry  .'—Answer.  I 
think  it  is. 

By  Mr.  Ferry: 

Q.  Did  you  get  an  answer  to  that? — A.  Yes,  sir. 

Q.  Have  you  go't  that  answer?  If  so,  I  should  like  to  Lave  it  produced  now  in  couuec- 
liou  with  Mr.  Perry's  letter. — A.  I  have  it. 

By  Mr.  Howard: 

Q.  You  think  that  is  the  only  letter  of  the  kind  you  ever  wrote  to  him  ? — A.  I  think  it  is. 
Q.  Can  you  or  can  you  not  say  that  that  is  the  only  advice  you  ever  gave  him  on  the  sub- 
ject ? — A.  That  is  the  only  advice  in  reference  to  his  dispatches  that  I  ever  gave  him. 
Q.  Now  produce  the  answer  to  that  letter  ? — A.  This  is  the  letter  I  received  iu  reply  : 

"San  Domixgo  City, 

''April  ]5,  1870. 

"My  Dear  Gexi:ral  :  Yonr  kind  note  of  March  oO,  1870,  was  received,  and  am  glad  you 
intended  me  no  neglect.  Yoi;  mention  having  received  two  letters  from  me  and  shown  them 
to  the  President.  I  have  written  you  by  each  mail  since  your  departure  on  the  Albany, 
only  ceasing  to  write  the  last  two  mails,  having  heard  nothing  from  you  during  the  winter. 
I  am  glad  to  hear  that  General  Sheridan  is  well.  I  have  been  reading  the  account  of  his 
Indian  troubles  with  much  interest.  You  also  speak  of  Ingalls  and  Sackett.  I  received  a 
note  from  Ingalls  and  answered  him. 

"  You  say  the  disagreements  among  the  Americans  in  San  Domingo  have  been  used  to 
disadvantage  in  Washington.  As  there  are  so  few  Americans  here  in  this  place,  you  must 
allude  to  my  difticulty  with  C.  The  diificulty  consisted  iu  my  telling  bim  my  opinion  ot 
him,  which  is  true.  It  is  useless  to  disguise  the  fact  he  and  F.  cannot  be  trusted.  I  do  not 
object  to  any  man  making  money,  provided  it  is  not  done  under  false  pretenses,  and  does 
not  affect  the  financial  interest  of  our  government.  This  will  be  done  if  the  plans  concocted 
by  C.  and  F.  and  Baez  are  carried  into  effect,  as  they  have  claims  for  nearly  one-half  of  the 
island. 

"As  an  instance  of  the  character  of  Cazneau,and  his  readiness  to  sacrifice  any  one  and 
anything  for  the  futherance  of  his  own  plans  and  welfare,  let  me  tell  you  that  he  vigoronsly 
opposed  the  release  of  Hatch,  and  as  vigorously  pleaded  for  the  release  of  the  two  Domiui- 
cans  guilty  nf  murder,  who  chanced  to  serve  some  of  his  interests  if  freed. 

"As  regards  my  course,  I  have  nover,  in  a  single  instance,  deviated  from  what  I  consider 
a  strict  line  of  duty,  uninfluenced  by  influential  friends  or  foes.  This  has  been  to  serve 
President  Grant,  and  the  interests  of  our  goveriunent ;  to  aid  in  every  possiljle  way  the  cause 
of  annexation,  which  I  have  done.  I  have  endeavored  to  hasten  the  movements  of  President 
Baez  and  his  cabinet,  and  have  also  suggested  plans  for  rousing  the  people  to  enthusiasm 
and  action,  but  President  Baez  and  his  cabinet  have  been  timid,  and  lost  the  first  forty  days' 
time  in  listening  to  advice  from  other  governments,  which  advice  was  prejudicial  to  our 
wishes. 

"  I  can  safely  assert  that  I  liave  never  mingled  private  or  per-sonal  matter  in  my  official 
communications  to  the  department,  save  when  it  aft'ected  the  interests  of  my  government.  I 
shall  never  hesitate,  from  any  motives  of  personal  prudence,  to  expose  any  intrigues  against 
my  government  which  may  come  to  my  knowledge. 

"  With  kind  remembrance  to  friends,  I  am,  general,  with  great  re-T-nect,  your  obedient 
servant, 

"RAYMOND  H.  PERRY. 

"General  0.  E.  Baccock. 


110  DAVIS    HATCH. 

"P.  S. — I  liave  just  returned   from  President  Baez,   and  I  am  informed  that  Colonel 
Fabens,  who  is  now  in  the  city,  leaves  to-morrow  morning  on  the  Tybee  with  certain  schemes 
to  negotiate  a  loan  for  this  government,  and  that  it  is  by  request  of  yourself.  Generals  lu- 
galls,  and  Cazueau,  and  that  he  is  also  expected  to  relieve  Mr.  Coen  in  Washington. 
"  Yours,  &c., 

"E.  H.PERRY." 

Q.  That  was  the  answer  you  received  to  that  letter  ? — A.  Yes,  sir. 

RAYiMON'D  H.  Perry  recalled. 

By  Mr.  Schurz  : 

Question.  There  is  an  expression  in  your  letter  just  read  which  relates  to  the  advice  of 
foreign  governments.  What  did  you  mean  by  that? — Answer.  I  meant  the  Hartmont  loan 
and  the  parties  connected  with  the  loan,  represented  by  an  Englishman  in  San  Domingo, 
and  also  the  French  consul  and  his  friends. 

Q.  Do  you  know  what  kind  of  advice  they  gave  ?— A.  President  Baez  himself  told  me 
that  they  were  telling  him  that  our  government  would  not  indorse  the  action  that  had  been 
taken;  that  our  Senate  would  not  approve  President  Grant's  step  in  this  matter;  and  that  he 
did  not  care  to  have  a  vote  until  the  Senate  had  acted  on  President  Grant's  step. 

By  Mr.  Ferry  : 

Q.  Did  you  ever  get  any  answer  to  the  letter  you  have  just  now  read,  which  you  wrote  to 
General  Babcock  ? — A.  No,  sir. 

O.  E.  Babcock's  examination  resumed. 

By  Mr.  Howard  : 

Question.  Now  I  Avill  go  on.  Here  is  another  sentence  in  the  letter  of  Mr.  Perry  of  the 
7tli  of  .June :  "Generals  Babcock,  Sackett,  and  Ingalls  came  on  shore  the  next  morning  and 
called  upon  Pres-idcnt  Baez;  Cazueau  and  Fabens  being  present.  The  above-named  gentle- 
men were  present  everj'  day  during  the  negotiations,  except  Ingalls.  Ou  the  next  day 
they  called  again  :  when  the  treaty  was  read,  Cazueau  proposed  to  draw  up  two  separate 
papers — one  to  place  before  the  people  of  San  Domingo,  to  control  the  election;  the  other 
before  the  United  States  government,  to  keep  them  (juiet.  This  was  approved  by  Baez  and 
Mr.  Delmonte,  who  renuirked  that  it  would  influence  and  hasten  the  election  in  San  Do- 
mingo." What  can  you  say  in  regard  to  th;it  statement  ?  —  Answer.  I  do  not  think  that 
the  suggestion  came  from  General  Cazueau.  The  idea  of  the  two  tieaties  was  this : 
A  secret  treaty  that  should  go  before  the  Senate,  and  one  that  should  be  put  before 
the  people.  I  took  down  from  Washington  two  draughts — one  a  treaty  for  annexation, 
and  the  other  a  convention  for  the  lease  of  Samana  as  h  security  for  the  money  and 
the  arms  advanced.  This  convention  contained  articles  which  referred  to  the  subject 
of  annexation ;  in  other  words,  the  two  were  so  constructed  as  to  refer  to  i-ach  other. 
I'resideiit  Baez  said  that  ho  did  not  wish  to  refer  the  treaty  of  annexatiun  to  his 
senate,  but  he  wished  to  refer  the  treaty  of  annexation  to  his  peojile  ;  but  before  he  could 
receive  any  money  from  our  government,  he  must  have  the  approval  of  the  convention  for 
the  lease  of  Samana  In'  his  senate.  He  said  that  that  would  go  before  his  swnate  and  be 
confirmed,  and  Ihen  he  would  receive  the  money;  and  he  suggested  that  that  need  not  ap- 
pear in  Washington  with,  the  treaty  of  annexation.  Ho  said  it  was  merely  as  a  security  for 
the  mone}'  that  we  advanced,  and  if  annexation  took  place,  as  we  all  believed  it  would,  this 
convention  need  never  bo  acted  u]ioii  by  mu"  Senate — might  iiewilhheld  by  President  (irant. 
We  expliiined — Mr.  Perryjoining  with  me,  I  remember,  but  1  do  not  kno\v  who  first  sug- 
gested it,  lie  or  myself — that  that  could  not  be  done. 

Q.   Who  vviiH  present? — A.   I  think  ho  was  that  day. 

Q.  Who  else  was  j)resetit .' — A.  (Jeneial  Sackett,  Mr.  Perry,  President  Baez,  Mr.  Oautier, 
General  Cazneau,  and  Colom-l  Fabens.  We  told  them,  as  Mr.  I'eriy  says,  that  we  could 
have  no  secret  treaty;  that  whatever  we  did  would  have  to  go  before  our  Senate,  and  con- 
Bei|ueiifly  we  must  havi-  no  secret  treaty  about  it. 

Q.  The  stati-ment  in  this  letter  is,  that  "  (.'a/.neau  i)roj)osed  to  draw  up  two  separate  pa- 
pers— one  to  place  before  tiio  people  of  San  Domingo,  to  control  the  elections  ;  ihootlier  be- 
fore the  United  Stales  governnient,  tt>  keep  them  iiuict."  Is  that  statement  true  or  hilso? — 
A.  1  know  of  no  such  )H<>j)osal  to  k<'ej)  the  United  States  government  (piiet,  nor  any  such 
jiriipiisitiun. 

A.  Wire  you  giving  your  attention  to  tlio  conversation  ? — A.  I  was.  General  Sackett  was 
my  interpreter. 

Q.  Whs  (Jeneral  Sackett  present  7 — A.  Yes,  sir. 

(^.  In  what  language  did  the  conversation  fak<!  place? — A.  I  think  it  was  in  Spanish  at 
that  time.     Tliey  sometimes  conversed  in  Spanish,  and  sometimes  in  French. 


DAVIS    HATCH.  Ill 


D.  B.  Sackktt  icc;illfd. 


By  Mr.  Howard  : 

Qiipstion.  You  have  heard  tlie  statement  from  Mr.  Perry's  letter  as  to  which  General  Bab- 
cock  lias  jnst  l)efn  inquired  about ;  will  you  state  your  recollection  of  that  conversation  ?  — 
Answer.  The  conver.-^atiou  was  in  tliis  way  :  We  carried  down  there  a  treaty,  and  what 
was  called  a  convention  or  agrceuieut  for  the  lease  of  Saniaua,  and  that  was  a  guarantee  for 
the  money  and  the  munitions  of  war  we  took  down  there.  In  that  convention,  which  was 
drawn  up  here  in  the  State  Department,  the  treaty  was  mentioned.  President  Bacz  said  he 
did  not  want  the  treaty  mentioned  in  that,  as  it  went  before  bis  senate,  and  he  did  not  want 
them  to  know  anythinj^  about  the  treaty  tiien. 

Q.  By"  the  treaty,"  what  do  you  mean? — A.  The  treaty  of  annexation.  lie  did  not  wish 
his  senate  to  know  then  of  this  treaty  of  annexation.  He  was  not  prepared  then  to  lay  it 
before  his  people  and  before  the  senate  ;  but  when  he  received  money  or  anything  of  that 
kind,  he  could  not  do  it  without  the  consent  of  the  senate. 

Q.  In  that  conversation  did  you  hear  Cazneau  propose  "to  draw  up  two  separate  pa- 
pers— one  to  place  before  the  people  of  San  Domingo  to  control  the  elections  ;  and  the  other 
before  the  United  States  government,  to  keep  them  quiet?" — A.  No,  sir. 

Q.  Did  you  hear  Cazneau  make  any  such  proposition? — A.  No,  sir. 

Q-  Did  anybody  make  any  such  proposition? — A.  Nobody  ever  made  it.  I  said  the  other 
day  that  one  day  going  home,  after  a  stormy  debate  that  we  had  had,  Cazneau,  on  the  way, 
asked  if  we  could  not  make  a  secret  treaty.  It  was  not  at  these  interviews  at  all.  He  asked 
that  one  day  on  the  way  home.  I  laughed  at  the  idea,  and  told  him  we  could  not  do  any- 
thing of  that  kind.  He  said,  "Sometimes  such  things  are  done  ;  sometimes  a  secret  treaty 
is  made  to  lay  before  the  Senate."  Said  I,  "We  are  not  here  for  any  such  purpose;  any- 
thing we  do  must  be  o])en  and  above-board."  This  conversation  I  did  not  think  of  the  other 
day  when  I  was  asked  about  this  point  by  Mr.  Vickers,  as  that  was  about  the  convention 
to  guarantee  the  money  we  carried  down. 

By  Mr.  Vickers  : 

Q.  You  refer  to  the  convention  for  the  lease  of  the  harbor  of  Samana  ?— A.  The  bay  and 
peninsula- of  Samaiui. 

O.  E.  Babcock's  examination  resumed. 

By  Mr.  How^ard  : 

Question.  In  this  letter  of  Mr.  Perry  to  the  State  Department,  of  June  7,  occurs  this  pas- 
sage: "During  the  whole  of  this  time  these  plans  were  kejjt  a  secret  from  the  United  States 
and  Dominican  government,  or  ratlier  the  people.  Geneial  Babcoclc  often  told  me  that  I 
must  stand  by  Cazneau  and  Fabeus,  and  advise  with  them."  What  have  you  to  say  upon 
that  passage  from  the  letter  ? — Answer.  On  the  subject  of  keeping  this  thing  secret  tliere 
was  no  opportunity  to  communicate  anything  to  my  own  governmeiit,  and  of  course  we  had 
to  keep  it  secret  from  them  for  a  time.  But  so  far  as  advising  Mr.  Perry  to  consult  with 
Cazneau  and  Fabens,  and  be  guided_  by  them  is  concerned,  I  did  not  do  so. 

Q.  The  sentence  proceeds  to  say  :  "  That  they,"  that  is,  Cazneau  and  Fabens,  "repre- 
sented large  interests  in  the  island  ;  that  he"  Babcock  "  had  interests  with  them."  Did 
you  ever  state  that  to  him  1 — A.  I  never  did. 

Q.  Is  it  true  .' — A.  It  is  not  true.  I  never  had  one  cent  interest  with  either  gentleman  on 
the  island. 

Q.  Here  is  another  sentence  :  Mr.  Perry  says :  "I  t<>ld  Babcock  one  day  in  my  office  in 
San  Domingo  that  I  thought  there  was  foul  )ilay  somewhere,  and  told  him  I  did  not  like  the 
action  or  propositions  of  Cazneau,  Fabens,  Baez,  and  others,  and  that  I  thought  I  was  the 
wrong  man  in  San  Domingo  at  that  time."  Do  you  recollect  any  such  conversation  as 
that? — A.  The  only  conversation  that  could  be  included  in  such  a  statement,  of  which  I 
liave  any  remembrance,  was  that  a  number  of  times — I  do  not  know  how  many— Mr.  Perry 
told  me  it  was  all  wrong  that  he  should  sign  the  treaty.  He  said,  "  You  have  done  all  the 
work,  and  you  ought  to  sign  the  treaty  and  have  the  credit  of  it."  Ho  expressed  it  in  that 
way. 

Q.  Have  you  any  further  remark  to  make  upon  the  statement  I  h;ive  just  read? — A.  No 
sir. 

By  Mr.  ScHi  RZ : 

Q.  Do  you  positively  deny  that  statement  ?— A.  I  do  deny  it. 
By  Mr.  Howard  : 

Q.  Again  Mr.  Perry,  in  the  same  letter,  says:  "and  a'so  asked  if  he,  Babcock,  had 
known  these  men  long,  and  why  it  was  they  did  not  waut  Hatch  released  ?  Babcock  told 
me  I  must  not  attempt  to  release  him  ;  that  he  would  work  against  the  treaty  ;  and  that  he 
was  an  enemy  to  Cazneau,  Fabens,  and  Baez."  What  have  you  tosayabottt  that? — A.  I  do 
not  remember  his  asking  me  the  question  ho\Y  long  I  had  known  these  men,     I  think  he 


112  DAVIS    HATCH. 

knew  tbat  I  had  on!}'  known  them  since  July.  I  have  no  reraembrauce  of  his  asking  mo 
the  question.  I  never  tokl  hiui  he  shouM  not  have  Mr.  Hatch  njleased  because  he  was  an 
eneniy  of  Baez,  Cazneau,  or  Fabens. 

Q.  Did  you  tell  him  directly  or  indirectly  that  he  ought  not  to  procure  the  release  of 
Hatch  .'—A.  I  did  not. 

Q.  Do  you  state  that  positively  ? — A.  I  do. 

Q.  Under  the  solemnity  of  your  oath  ? — A.  I  do. 

Q.  Mr.  Perry  states  further  :  "  I  told  Babcock  that  Hatch  was  a  mere  political  prisoner; 
that  he  assisted  both  parties  and  suffered  from  both  parties ;  and  that  both  parties,  Baez  and 
Cabral,  had  been  eqnally  strong,  and  had  many  friends  then  on  the  island."  Do  yon  recol- 
lect any  sncli  statement  as  that  being  made  to  you  by  Mr.  Perry  ? — A.  I  tlo  not  know  that 
any  such  statement,  as  to  the  wording  of  it,  was  made.  I  remember  in  some  conversations 
Mr.   Perry  referred  to  Mr.  Hatch ;  but  I  do  not  Icnow  of  any  stich  expression  as  that. 

Q.  Do  you  recollect  hearing  him  state  that  Hatch  had  served  both  the  Cabral  party  and 
the  Baez  party  ? — A.   I  do  not  recollect  having  heard  him  use  any  such  language  as  tliat. 

Q.  Had  he  made  the  statement  that  Hatch  had  served  the  Cabral  party,  would  you  not 
Lave  been  likely  to  remember  that  ? — A.  I  do  not  know  that  I  should,  necessarily. 

By  Mr.  ScHjuuz  : 

Q.  Have  you  any  distinct  recollection  of  these  conversations  at  all  ? — A.  I  have,  in  a 
general  way,  but  the  release  of  Mr.  Hatch  was  not  a  subject  to  which  I  was  paying  partic- 
ular attention,  and  I  have  no  particular  remembrance  of  it,  except  as  to  general  conversations. 
As  an  explanation  why  I  have  not  such  remembrance,  it  may  be  well  for  me  to  say  that  I 
arrived  in  Sau  Domingo  the  second  time  on  the  ISth  of  November,  and  Mr.  Perry  had  taken 
possession  of  his  otKce  only  one  or  two  days  before,  and  I  remember  after  going  on  shore 
that  he  told  me  he  had  delivered  up  the  prisoneis  who  had  taken  refuge  in  the  consulate, 
wiiich  movement  I  remember  having  suggested  to  him,  and  I  do  not  know  but  that  I  nuiy 
say  that  I  advised  him  to  do  it  before  he  went  down  there,  and  he  told  me  the  President  had 
agreed  to  release  Mr.  Hatch. 

Q.  Then  he  did  tell  you  that  the  Pj-esident  of  Sau  Domingo  had  agreed  to  release  Mr. 
Hatch  1 — A.  Yes,  sir. 

By  Mr.  Flkry: 

Q.  On  your  arrival  ? — A.  About  the  time  of  my  arrival,  I  think.  I  cannot  tell  the  ]ire- 
cise  date.  1  think  the  Dominican  iinsoucrs  who  had  taken  refuge  in  the  consulate  were 
given  up  about  the  time  I  went  on  shore. 

Q.  And  Perry  told  you  that  President  Baez  had  promised  him  tliat  he  would  release  or 
liad  released  Hatch  ? — A.  That  he  would  when  he  gave  him  up  those  prisoners.  I  under- 
stood it  was  an  agreement  between  them  that  he  wiuild  give  up  those  men,  and  President 
liaez  would  not  punish  them  severely,  and  President  Baez  had  said  he  would  give  up  Hatch. 
Conscfpiently  1  had  no  reason  to  suppf'Se  that  Mr.  Hatch  was  not  likely  to  be  released  any 
day.  I  was  on  the  island  only  fifteen  days  then,  and  as  the  man  was  not  in  the  city,  I  had 
uo  rea.sou  to  know  or  to  suppose  that  lie  wotild  not  be  released  any  day. 

Q.  Commercial  Agent  Smith  says,  in  a  dispatch  to  the  department,  that  Cajjtain  Queeu 
told  him  when  he  returned  after  \  ou  had  gone  home  in  Sei>t(nnl)er,  that  he  need  not  tnuiblo 
liimself  any  more  about  that  man,  as  General  Babcock  had  taken  the  proofs  of  his  guilt  in 
black  and  white  to  the  President.  Did  you  take  a  document  with  you  .' — A.  I  took  no  doc- 
ument to  the  President. 

Q.  To  anybody  ? — A.  Not  to  my  knowledge. 

Q.  Did  y(ju  liring  any  document  here? — A.  Not  that  I  know  of,  against  Mr.  Hatch. 

Q.  Did  you  bring  any  communication  from  Delmonte  or  Gautier  tn  tlie  government  of  the 
United  States,  or  any  department  tinneof  / — A.  I  brougiit  a  number  of  lettens  ;  for  instanct^ 
I  brought  a  coniiilimentaiy  letter,  I  suppose  it  was,  to  President  Grant,  in  answer  to  mine 
from  I'rcsident  (jranl  to  Picsidenl  Baez,  and  I  think  also  a  letter  lo  cuir  Secretary  of  Stale 
fiom  the  minister  of  ibreign  rehiiions  tliiTc,  returning  complinuMils,  Ac.  ;  but  I  cannot 
be  certain  wiiat  the  conlenis  of  any  of  those  letters  were.     'J'hey  were  sealed  letters. 

Q.  So  tliat  you  do  not  know  that  there  wa.s  anything  about  Mr.  Hatdi  in  tliem  .' — A.  I  do 
not.  Wh.'it  1  would  nnderstaricl  from  the  statiMiient  to  which  you  have  called -my  attention, 
and  what  I  think  Captain  (^ueen,  if  liere,  Wduld  say  is,  tliat  informalinu  had  lieeii  setit  be- 
cause (,'aplain  (.[ucen  wrote  to  me  from  'inmc  of  the  islands  over  there  a  m-te,  saying  that  ho 
liad  fill  warded  information  to  the  Navy  Depaitment  in  refc^rence  to  the  'I'elegrafo,  and  that 
information  was  wliat  I  read  to  you  the  other  ivening.  1  got  it  by  going  to  the  Navy  Do- 
iiarlmeiit.  J  supp(jse.  that  is  what  Captain  (,>iieen  has  rtd'eiencc  to,  tii(iugii  I  do  not  know 
certainly. 

J{y  Mr.  HoWAico  : 

Q.  Again  this  letter  says  :  "  and  that  it  was  all  Ihidngh  tlic^  influence  of  C'a/.neau  and  Iiis 
friends  that  he  (Hatcii)  was  detained;  and  that  liie  last  time  he  (Babcnck)  was  in  Sau 
Domingo  he  lia<l  an  Ameiican  sailor  leleased  wlm  had  mindered  another  American  ;  that 
Cazneau  and  Fabens  were  having  Domiuicans,  guilty  of  murder  and  political  olVenses,  re- 
leased througii  Baez;  and  that  Baez  had  promised  me  the  release  of  Hatch  "     J  )o  you  recol- 


i 


DAVIS    HATCH.  113 

lect  any  siicli    couver.sation  / — A.  No,  sir;  but  I  recollect  the  case  of  the  American  sailor 
referred  to. 

Q.  State  it  brietiy. — A.  The  chief  justice  of  the  Dominican  Republic  sent  me  word  one 
day  through  General  Cazneau,  if  I  remember  correctly,  that  there  was  an  American  in 
prison  there  who  had  been  sentenced  to  five  years'  imprisonment  for  murder.  He  said  ho  had 
taken  an  interest  in  the  man,  as  he  had  behaved  himself  well  since  ho  had  been  there  and 
was  an  intelligent  appearing  man,  and  he  hated  to  see  an  American  in  prison  there,  and  he 
had  done  all  he  could  by  giving  liim  the  least  punishment  which  the  law  permitted, 
which  was  five  years'  imprisonment.  He  said  that  if  I  would  interest  myself  in  the  case 
and  ask  for  the  release  of  the  prisoner  he  thought  the  President  would  pardon  him.  I  told 
liim  I  would  see  the  man,  and  one  morning  they  sent  him  up  to  the  hotel  under  a  guard. 
I  inquired  of  the  man  his  name  and  where  he  was  from.  I  do  not  remember  his  name;  I 
remember  that  he  told  me  he  was  from  Fall  River,  Massacluisetts,  and  he  gave  an  account 
that  he  was  then  from  Carolina  somewhere;  that  he  had  been  in  the  confederate  army.  He 
gave  me  this  information  in  answer  to  (luestions  I  put  to  him.  He  told  mo  in  what  regiment 
he  had  been,  and  that  he  was  with  the  confederate  army  until  Ewell  was  near  Washington, 
when  he  deserted  and  came  in  and  offered  to  take  the  oath  of  allegiance,  and  that  he  was  told 
that  he  might  do  so  and  go  home  ;  but  before  that  he  was  sent  to  Elmira,  where  he  took  the 
oath  of  allegiance  and  returned  to  North  Carolina.  He  said  his  custom  was  to  go  fishing  up 
to  the  banks  in  the  summer,  and  in  winter  to  act  as  a  stevedore  on  Cape  Fear  River ;  but  that 
he  had  had  trouble  with  his  wife ;  they  had  (juarreled  ;  she  did  not  want  him  to  go  fishing, 
and  he  wanted  to  go  ;  and  on  account  of  this  quarrel  she  liad  left  him  and  gone  up  the  coun- 
try; and  thereupon  he  shipped  on  a  schooner  that  was  going  down  to  the  West  Indies.  He 
said  that  the  schooner  came  into  San  Domingo,  and  he  went  on  shore  with  his  chummy,  as  he 
expressed  it, a  man  with  whom  he  was  on  good  terms  ;  that  the  only  money  they  had  was  a 
dollar,  which  belonged  to  his  friend ;  and  they  got  to  drinking,  as  he  said  all  sailors  would 
do,  when  they  got  on  shore ;  and  before  long  they  drank  up  that  dollar's  wortli  at  the  rate  of 
two  drinks  for  five  cents.  Ho  said  he  remembered  that  they  went  along  together  and 
were  having  a  good  time,  and  they  got  into  a  quarrel  and  had  a  fight.  Then  they  made  up 
again,  and,  after  taking  some  more  drinks,  the  man  wanted  satisfaction,  and  he  remembered 
that  he  thought  he  would  give  him  satisfaction  ;  and  the  next  thing  he  remembered  he  was 
on  board  the  schooner  in  irons,  and  was  accused  of  killing  this  man.  He  said  he  had  prob- 
ably killed  him,  but  he  had  done  it  in  that  state  when  he  was  not  sensible.  He  said  he  had 
been  tried  and  did  not  understand  a  word  of  the  language,  and  did  not  know  what  the  wit- 
nesses swore  to  against  him  ;  but  he  had  no  doubt  he  was  properly  sentenced,  so  far  as  the 
law  was  concerned.  Then  I  asked  him  if  he  had  ever  been  in  trouble  before  for  drinking. 
He  told  me,  yes,  once  in  Boston  he  had  been  arrested  and  imprisoned  for  a  week  for  getting 
on  a  drunken  spree.     That  was  the  only  time. 

By  Mr.  Ferry  : 

Q.  You  interceded  for  him  ? — A.  Yes,  sir. 

Q.  Was  ho  released  on  your  intercession  ? — A.  He  was  released,  but  not  on  my  interces- 
sion alone.  I  drew  up  a  paper  and  all  the  Americans  that  were  there  signed  with  me,  and 
the  man  was  released. 

By  Mr.  ScHURZ : 

Q.  Was  there  anything  in  the  iustrmctions  you  had  received  from  the  President  or  the 
State  Department  directing  you  to  intercede  for  this  man  ? — A.  No,  sir. 

Q.  Did  you  feel  any  delicacy  in  doing  so  ? — A.  Not  after  the  chief  justice  of  the  country 
had  asked  me  to  do  so.  I  addressed  the  application  to  the  attorney  general  of  the  republic, 
or  the  ofiBcer  corresponding  to  our  attorney  gjeneral,  Mr.  Delmonte,  if  I  remember  correctly. 

By  Mr.  Howard  : 

Q.  There  is  another  statement  in  this  letter  of  June  7,  in  which  Mr.  Periy  says  :  "  He, 
(Babcock)  then  remarked,  'Wait  until  I  leave  the  island  before  you  say  anything  more 
about  it,'  "  refering  to  the  case  of  Hatch.  Did  you  ever  make  any  such  statement  as  that 
to  Mr.  Perry? — A.  No,  sir  ;  it  is  not  consistent  with  what  he  stated  that  I  did  say,  that  I 
had  requested  he  would  not  interfere.  Here  he  says  I  simply  requested  that  he  should  ab- 
stain from  interfering  until  I  had  gone. 

Q.  He  proceeds:  "I  asked  Babcock  the  day  the  treaty  was  signed,  if  he  had  the  letter 
from  Baez  to  our  government,  or  rather  to  Hartmout,  refusing  further  advances  on  the  loan, 
and  a  copy  of  the  public  debt  of  the  island."  Do  you  recollect  that? — A.  I  remember  that 
Mr.  Peny  spoke  of  that ;  but  Mr.  Perry,  I  think,  must  have  forgotten  a  portion  of  the  con- 
versation. During  the  negotiation,  when  it  was  proposed  to  President  Baez  that  that  loan 
must  be  canceled,  the  question  occurred  how  that  could  bo  done,  and  a  suggestion  was  made 
that  he  should  write  to  the  Hartmout  people  telling  them  that  he  would  receive  none  of  that 
money ;  and  I  do  not  know  but  that  that  proposition  came  from  me — to  break  the  loan,  in 
other  words.  He  said  that  if  we  insisted  on  it,  he  would  do  that  ;  but  he  suggested  that  he 
was  satisfied  that  they  had  not  raised  the  money,  and  if  we  would  let  it  alone,  and  this  letr 

S.  Rep.  234 8 


114  DAVIS    HATCH. 

ter  should  not  be  written,  they  •would  fail  to  come  to  time,  and  that  would  be  a  failure  on 
their  part,  and  they  would  have  no  claim ;  but  if  he  wrote  to  them  and  told  them  not  to 
send  the  money,  even  if  they  had  not  the  money  ready,  they  would  naturally  say,  "We 
•were  ready  to  furnish  the  money,"  and  then  they  would  have  a  good  claim.  He  said  that  if 
we  insisted  on  it,  however,  he  would  write  the  letter.  The  other  condition  was,  that  they 
would  write  a  letter  to  me  that  I  might  take  to  Washington,  stating  that  if  any  of  this  money 
did  anive,  in  accordance  with  the  contract,  it  should  be  received,  but  retained  for  the  dispo- 
sition of  the  United  States  government,  but  he  was  satisfied  from  his  information  that  they 
would  not  do  it,  or  something  to  that  effect.  The  letter  to  which  I  refer  is  in  a  communica- 
tion that  was  sent  to  the  Senate  in  executive  session.  I  cannot  give  the  exact  wording  of 
it.  I  do  not  know  that  Mr.  Perry  knew  that  that  letter  was  given  to  me  ;  but  that  was  the 
alternative,  and  that  letter  was  furnished  to  me.  No  new  statement  of  the  public  debt  was 
given  me  at  this  time.  The  same  statement  that  they  had  given  me  before  they  told  me  was 
correct,  and  as  in  the  contract  they  had  guaranteed  that  in  case  there  was  any  more  than 
this  amount  the  public  lands.  &c.,  should  be  for  it,  they  did  not  think  it  was  necessary  to 
make  another  statement. 


June  14,  ]870. 
0.  E.  Babcock's  examination  continued. 

By  Mr.  Howard  : 

Question.  Speaking  ofMr.  Fabens,  Mr.  Perry's  letter  to  the  State  Department  of  the  7th 
of  June,  says:  "  Babcock  appoints  this  man  also  United  States  agent  at  Samana,  and  then 
writes  to  Baez  to  have  him  also  sent  to  Washington  as  plenipotentiary ;  so  he,  Fabens, 
holds  three  positions  in  three  conflicting  interests,  at  once."  Will  you  state  to  the  committee 
what  the  facts  were  exactly  about  his  being  appointed  agent  at  Samana  .' — Answer.  I  never 
appointed  him  agent  of  any  kind,  whatever ;  and  I  never  wrote  to  President  Baez  to  suggest 
his  coming  here  as  a  plenipotentiaiy  or  minister.  I  think  the  only  line  I  have  written  to  Pres- 
ident Baez,  since  I  left  San  Domingo  the  last  time,  was  written  from  the  Bay  of  Samana, 
from  which  place  I  wrote  him  a  note  of  thanks  for  some  things  he  sent  otf  to  the  vessel  the 
night  I  left ;  it  then  being  so  late,  I  had  no  opportunity  to  send  him  more  than  a  simple  card ; 
and  from  Samana  I  wrote  him  a  note  of  thanks.  In  inclosing  that  note  to  him,  I  suggested 
that  it  would  be  a  good  plan  to  send  Mr.  Gautier  as  the  commissioner  to  exchange  the  ratifi- 
cations of  ihe  treaty.  That  is  the  only  recommendation  lever  made  to  President  Baez  in 
regard  to  any  one  coming  here. 

Q.  Then  you  say  that  lliis  statement  in  regard  to  the  appointment  of  Fabens  as  agent  at 
Samana  is  a  mistake  ? — A.  It  is  a  mistake,  entirely. 

By  Mr.  SciiuRz : 

Q.  Did  you  write  to  Mr.  Cazneau  that  Mr.  Fabens  .should  be  appointed  plenipotentiary  ? — 
A.  I  did  not. 

Q.  Did  you  write  to  anybody  there  f — A.  I  did  not ;  I  wrote  a  letter  to  Mr.  Fabens,  send- 
ing him  a  lot  of  slips  from  the  newspapers;  1  did  not  keep  a  copy  of  it ;  I  think  it  was  some 
time  in  the  early  jiart  of  April,  sending  him  slips  from  newspiipers  containing  accusations 
which  had  been  made  that  various  gentlemen,  among  them  Mr.  Fabens,  Mr.  Cazneau,  and 
myself,  had  been  in  jt>bs  and  swindles,  or  something  of  that  kind. 

Q.  What  papers  were  those  slips  taken  from  .' — A.  I  cannot  name  them ;  various  newspa- 
pers in  the  United  States. 

Q.  New  York  papers  7 — A.  Some  were  from  New  York  papers,  I  think.  It  was  customary 
at  the  office  to  clip  out  tiie  nunarks  that  were  made  iu  reference  to  the  treaty,  and  I  still  have 
a  large  bunch  of  those  slips.  1  sent  a  lot  of  them,  and  suggested  to  him  iu  the  note  accom- 
panying theui,  that  lie  or  some  one  should  come  hero  prepared  to  relut<!  them.  'J'hat  is  the 
only  rccommondation  I  ever  made  for  him  or  any  one  to  come  hero. 

By  Mr.  Vickers: 

Q.  Hav(^  you  a  copy  of  that  h-ttrr  .' — .\.  I  Imve  not.  It  was  merely  a  social  letter,  and 
I  did  not  keep  a  copy. 

Q.  Are  you  in  the  habit  of  keeping  coj)ies  of  your  letters  ! — A.  I  have  a  great  many  so- 
cial letters  to  acknowledge  that  I  receive  and  answer  liurri<;dly,  and  a  great  many  of  them 
I  do  not  kecfi  copies  of.  Colonel  Fabens  is  here  ;  I  do  not  know  wiicthcr  he  has  the  letter 
or  not.  J  liad  no  jxiwer  whatsoever  to  appoint  an  agent  in  San  Doniini.'-o  anywliere.  My 
letter  of  instructions  left  it  in  the  care  of  tlu^  navy  to  take  chaige  of  the  Hag,  or  the  pos-ses- 
sion  there.     The  instructions  have  been  published,  and  are  before  the  Senate  as  an  executive 


DAVIS    HATCH.  115 

document.  The  commauJiug  officer  of  the  Albany  enlisted  a  couple  of  Americans  who  were 
residing  there  and  put  them  in  charg^e  of  the  flag ;  and  it  is  possible  that  he  may  have  re- 
quested Colonel  Fabens,  who  was  goin^  to  stay  there,  to  look  after  it ;  and  it  may  be  possi- 
ble that  I  said  to  him  that  Fabens  would  be  a  good  man  to  look  after  it ;  but  I  asked  for  no 
appointment  or  authority  to  him  whatever.  The  only  agreement  with  those  men  was  that 
they  should  put  up  the  flag  at  9  o'clock  in  the  moniiug,  and  take  it  down  at  night  and  see 
that  it  was  not  disturbed. 

By  Mr.  ScmiRz : 

Q.  Was  anybody  appointed  to  take  charge  of  the  property  of  the  United  States  there? — 
A.  There  was  no  property  there  of  the  United  States,  except  this  flag. 

Q.  Was  there  not  property  sent  there  ? — A.  After  I  returned  here  I  went  to  the  Navy  De- 
partment and  asked  them  to  send  some  coal  down  for  those  steamers.  Admiral  Smith,  I 
think,  or  whoever  has  charge  of  that  branch  in  the  Navy  Department,  asked  me  if  I  knew 
any  Americans  there  to  consign  this  coal  to.  I  told  him  in  the  first  place  the  name  of  one 
of  the  men — I  do  not  remember  it  now — who  had  been  enlisted  to  take  charge  of  the  flag, 
and  I  told  him  also  that  Colonel  Fabens  was  there.  The  Secretary  of  the  Navy  was  in  the 
room  and  the  Secretary  inquired,  "Is  it  old  Colonel  Fabens?"  and  I  told  him  "Yes." 
"  Well,"  said  he,  "  consign  it  to  him." 

By  Mr.  Ferry  : 

Q.  How  did  you  know  that  Colonel  Fabens  was  there  .' — A.  Because  I  left  him  there. 
He  went  over  from  San  Domingo  to  Samana  on  the  Albany,  the  same  vessel  I  did,  and  he 
told  me  he  was  going  to  stay  there. 

By  Mr.  ScilURZ  : 

Q.  Had  he  any  business  there  .' — A.  He  told  me  he  was  the  agent  of  Spoftord,  Tileston  & 
Company,  who  had  the  line  of  steamers  from  New  York  ;  that  they  were  going  to  build  a 
wharf  there,  and  that  he  was  to  be  their  agent. 

Q.  Where  is  his  residence,  properly  speaking, in  San  Domingo? — A.  I  think  he  would 
class  it  at  Samana,  now.  Former!}'  he  lived  in  San  Domingo  City,  and  had  a  place  there, 
but  his  family  have  been  living  for  a  year  or  more,  I  think,  in  New  York.  I  should  sup- 
pose his  residence  now  would  be  at  Samana,  from  his  taking  a  position  as  the  agent  of  these 
gentlemen  there. 

Q.  When  you  were  at  San  Domingo  was  his  residence  then  at  that  city? — A.  He  was 
at  that  city  during  the  time  I  was  there. 

Q.  Did  he  reside  there  ? — A.  He  lived  at  the  hotel. 

Q.  You  say  that  coal  was  consigned  to  him.  Do  you  know  of  anything  else  having  been 
sent  to  him? — A.  I  am  not  aware  of  anything  whatever. 

By  Mr.  Howard  : 

Q.  How  much  acquaintance  had  you  with  Mr.  CaKueau  ? — A.  I  first  met  Mr.  Cazneau  on 
the  island  in  July,  1869,  when  I  first  visited  it. 

Q.  Did  you  ever  meet  him  before  ? — A.  Never.  I  never  heard  of  the  man  until  going 
down  on  the  steamer,  I  believe  I  heard  him  spoken  of. 

Q.  In  Mr.  Perry's  letter  of  the  7th  of  June  there  is  this  statement :  that  Baez  told  Perry  that 
"  General  Cazneau  was  a  friend  of  General  Babcock,  and  was  in  direct  communication  with 
President  Grant,  and  therefore  knew  the  wishes  and  plans  of  my  government,  and  that  in 
case  of  annexation  Cazneau  would  be  a  very  wealthy  man  and  the  first  governor  of  the  is- 
land." Did  you  ever  have  such  a  conversation  as  that  with  Baez? — A.  No,  sir,  never.  I 
cannot  say  that  Baez  did  not  state  that  Cazneau  was  my  friend.  I  do  not  know  anything 
about  that  part  of  it ;  but,  as  to  the  appointment  of  Cazneau  as  governor,  the  idea  never  en- 
tered my  mind.  If  I  had  the  appointing  power,  I  certainly  should  not  give  the  place  to 
him.  I  think  myself  that  if  annexation  takes  place,  General  Cazneau's  property  there  will 
make  him  a  wealthy  man. 

Q.  Did  you  hear  anything  said  in  your  conversations  with  President  Baez  that  Mr.  Caz- 
neau was  in  communication  with  the  government  of  the  United  States  ? — A.  No,  sir. 

Q.  Have  you  any  reason  to  believe  that  he  was  ? — A.  None;  only  that  since  the  inves- 
tigation I  have  learned  that  there  were  two  or  three  documents — one  at  least — which  he  com- 
municated to  the  State  Department. 

• 
By  Mr.  Schurz  ; 

Q.  Had  Mr.  Cazneau  any  correspondence  with  you  'i — A.  Yes,  sir. 
Q.  Did  you  communicate  the  letters  to  the  President  ? — A.  I  did. 

By  Mr.  Ferry  : 

Q.  Did  you  reply  to  him  '. — A.  To  a  number  of  his  letters. 

Q.  Did  you  date  those  letters  from  the  Executive  Mansion  .'—A.  Yes,  sir.  They  were 
shown  to  the  President  on  their  arrival,  and  my  answers  were  shown  to  him  ;  in  fact,  i  was 
his  secretary  in  writing  them. 


116  DAVIS    HATCH. 

By  Mr.  Howard  : 

Q.  Here  is  a  statement  that  Cazneau  was  in  direct  communication  with  President  Grant, 
and  Mr.  Perry  imputes  this  statement  to  President  Baez  as  havings  come  from  Baez  to  him, 
(Perry.)  What  reason  have  you  to  suppose  that  there  was  any  such  direct  communication 
between  Cazneau  and  President  Grant  ? — A.  I  do  not  know  that  General  Cazneau  ever 
wrote  a  letter  to  President  Grant  directly,  or  that  President  Grant  ever  wrote  a  letter  to 
General  Cazneau. 

Q.  Did  you  ever  hear  of  sirch  a  correspondence  taking  place  between  them  ? — A.  No,  sir, 
I  never  heard  of  it. 

By  Mr.  Scill  RZ : 

Q.  Does  President  Grant  generally  caiTv  on  his  correspondence  directly  or  through  his 
secretaries. 

Jfr.  HowAKD.  I  do  not  see  what  that  has  to  do  with  the  inquiry. 

Mr.  SCHURZ.  The  assertion  is  made  that  Cazneau  was  in  correspondence  with  President 
Grant.  General  Babcock  admits  that  he  received  frequent  letters  from  Cazneau,  and  admits 
also  that  he  replied,  dating  his  letters  at  the  Executive  Mansion,  and  he  also  says  that  he 
submitted  the  letters  of  General  Cazneau  to  President  Grant.  Now  the  question  is  legiti- 
mate whether  President  Grant  is  in  the  habit  of  carrying  on  his  correspondence  personally 
or  through  his  secretaries. 

Mr.  Howard.  I  take  it,  Mr.  Chairman,  that  we  are  not  to  go  into  inquiries  as  to  the 
President. 

Mr.  ScHURZ.  Very  well ;   1  do  not  care  about  pushing  the  matter. 

By  Mr.  ViCKERS  : 
Q.  I  will  ask  the  witness  whether  he  has  any  knowledge  on  that  subject .' — A.    I  have  no 
knowledge  that  General  Cazneau  ever  wrote  a  word  to  President  Grant,  or  that  President 
Grant  himself  directly  ever  wrote  a  letter  to  General  Cazneau. 

By  Mr.  Wii.liam.s  : 
Q.  Up  to  the  time  that  you  closed  your  correspondence  with  General  (Cazneau,  had  you  any 
reason  to  suppose  that  he  was  not  a  friend  of  tho  United  States,  and  a  good  and  honeat 
man  ? — A.  No,  sir,  I  had  no  reason  to  suppose  that  he  was  not  an  honest  man.  The  only 
thing  that  I  have  ever  heard  was  what  I  have  told  you;  tlie  Secretaiy  of  State  said  to  me, 
that  he  had  no  conlidence  in  him,  but  he  made  no  specific  (diarge,  or  anything  of  that  kind, 
against  Mr.  Cazneau. 

By  Mr.  Ferry  : 

Q.  When  did  you  first  hear  of  General  Cazneau? — A.  I  think  his  name  was  mentioned 
on  the  steamer  the  first  time  I  went  to  San  Domingo ;  but  I  cannot  state  certainly. 

Q.  You  state  that  you  liave  no  reason  to  suppose  that  General  Cazneau  was  not  a  friend 
of  the  United  States.  Did  you  not  hear  that  during  the  war  of  the  rebellion  he  was  in 
earnest  sympathy  with  the  rebellion  ? — A.  I  never  heard  it  until  I  heard  it  here  in  this  room. 

By  Mr.  Howard: 

Q.  Again,  in  the  letter  of  the  7th  .June,  Perry  says:  "  I  also  protested  against  grants  and 
concessions  of  lands,  all  of  which  correspondence  you  have  in  iho  State  Department.  I 
refer  pat ticularly  to  A,  B,  C,  D,  E,  F,  G,  H,  I,  J,  K,  L,  and  M,  aud  No.  2.1,  of  June  6,  1870. 
President  (irant  informs  me  that  I  did  right  in  protesting  against  thorn  ;"  that  is,  against 
grants  and  conces.sions.  "General  Babcock  tolls  me  ho  knew  all  about  them.''  What  can 
you  say  in  regard  to  tiiat  last  allegation  ?— A.  I  told  Mr.  Perry  that  I  knew  about  the  con- 
cession to  General  Cazneau.  The  emigration  scheme  I  meant.  Ho  might  have  understood 
me  to  say  that  "  1  knew  all  a])i)ut  them,"  but  I  did  not  intend  to  siiy  such  a  tiling,  if  I  did ; 
and  it  would  have  been  untrue,  if  I  had  said  so,  bet'ause  I  did  not  know  there  was  such  « 
man  as  Schumakcr  on  the  island.  Wiuit  I  meant  by  knowing  ai)out  that  colonization  schomo 
was  this  :  among  th(;  list  of  coiieossions  tliat  accompanied  the  treaty  is  a  coucession  for  an 
emigration  scheme  ;   and  that,  is  mentioned  in  tho  schedule  attached  to  the  treaty. 

By  Mr.  SciIURZ : 

Q.  Is  that  the  two-hundrcd-thou.sand-acrc  grant  .' — A.  I  was  going  on  to  say  that  that  is 
what  I  meant.  Tiiat  is  the  only  concession  that  I  knew  of,  and  I  suppose  tliis  is  tho  samo 
one.  I  made  a  n^nark  to  Mr.  I'erry,  I  think,  to  the  cifect  that,  if  tlien^  were  a:!y  concession« 
other  than  that,  they  would  be  null  and  voi<i  under  the  sixth  article. 

By  Mr.  Howard  : 

C^.  What  was  the  nature  of  that  concission  ;  wliat  was  its  ('at;;  what  was  its  incej)tion 
and  purpose;   can  you  stale  ?— A.  No,  sir,  except  from  tlie  information  I  received. 

Q.  f)t  course,  you  can  state  only  from  your  information. — A.  As  I  understood,  those  people 
bad  previously — I  do  not  know  tho  exact  date — conceived  tho  plan  of  introducing  immi- 
grants on  the  island,  and  they  wanted  them  to  occupy  tho  border  between  Hayti  and  San 


DAVIS    HATCH.  117 

DoQiiiigo,  whioh  is  u  raidiiif^  D;round ;  and  to  encouni^e  them  to  do  this  they  had  a  scheme 
to  give  them  lauds.  My  impression  was  about  as  Mr.  Perry  saj's,  that  a  man  who  would 
settle  ther<f  was  to  have  one  hundred  acres,  and  to  hold  his  nationality  a  certain  length  of 
time  before  he  could  j;et  title  to  the  properly;  but  after  that  time  he  would  have  title  and 
could  sell  it.  It  was  a  scheme  to  encourage  immigration,  and  there  was  to  be  a  certain  por- 
tion of  the  land  given  to  shipping  or  the  means  of  bringing  the  immigrants  there.  They 
were  to  be  brought  from  abroad ;  they  could  not  be  taken  from  one  part  of  the  island  to 
another.  That  was  discussed,  I  remember,  in  talking  with  Baez  during  the  summer,  and 
he  more  particularly  had  that  in  view,  as  I  understood,  in  case  only  the  lease  or  purchase 
of  the  bay  and  peninsula  of  Samana  took  place.  He  thought  that  to  put  this  border  between 
him  and  Hayti  would  make  his  country  much  stronger. 

Q.  Did  you  understand  that  this  arrangement  had  its  inception  at  a  date  anterior  to  the 
contirmation  of  the  treaty  ? — A.  Yes,  sir. 

Q.  How  long  anterior  ? — A.  I  cannot  tell  the  exact  date. 

Q.  Several  years  ? — A.  I  cannot  state  the  time.  I  know  it  was  talked  of  before  I  returned 
to  the  United  States  the  first  time  in  September.  It  was  talked  of  when  I  was  down  there 
in  July  and  August,  and  General  Cazoeau  wrote  a  letter  to  me  explaining  the  matter ;  or 
rather  giving  his  letters  to  me  after  I  had  left  there  and  before  I  went  down  the  second  time. 
I  remember  that  he  mentioned  the  matter. 

By  Mr.  ScHURZ : 
Q.  Have  you  that  letter  ? — A.  1  think  it,  is  among  tiie  files  at  the  Executive  Mansion. 
Q.  Can  j'ou  give  it  to  us  ? — A.  Not  unless  the  President  of  the  United  States  consents. 
(■}.  Be  kind  enough  to  ask  him  ? — A.  Very  well. 

By  Mr,  Feruy  : 

Q.  Then  the  letters  of  General  Cazneau  to  you  are  under  the  control  of  the  President  ? — 
A.  I  understand  it  so. 

By  Mr.  Schurz  : 

Q.  Was  that  colonization  scheme  to  be  under  the  superintendence  and  control  of  Mr. 
Cazneau  ' — A.  I  did  not  understand  it  to  be  that  Viray.  I  understood  that  he  had  originated 
the  scheme,  but  I  did  not  follow  it  up  closely ;  I  supposed  there  would  be  some  organiza- 
tion of  a  company,  and  I  did  not  know  but  that  he,  in  the  end,  would  come  out  the  president 
of  it.     I  do  not  know  about  these  details,  however. 

Q.  Was  the  grant  consummated  before  the  treaty  was  concluded? — A.  I  suppose  it  was 
from  the  fact  that  they  gave  it  in  the  list.  I  do  not  know  the  date  of  the  confirmation.  It 
is  in  the  list  of  concessions  accompanying  the  treaty. 

By  Mr.  Howard  : 

Q.  Mr.  Perry's  letter  of  Juno  7th  proceeds :  ''  General  Babcock  tells  me  he  knew  all 
about  them" — that  is,  the  grants  and  concessions — "and  also  when  the  arms  and  money 
wore  sent,  and  I  should  not  protest  against  giants  and  concessions  of  lands."  Did  you  make 
any  such  statement  as  that  to  Mr.  Perry? — A.  I  think  1  told  him  that  I  knew  there  were 
some  arms  and  money  sent  down  from  New  York,  and  that  there  were  ten  thousand  dollars 
in  coin  sent  down  by  Spoftbrd.  Tileston  &  Co.,  and  some  arms  and  munitions.  I  think  I 
told  him  so.  and  I  think  I  told  him  it  would  be  better  not  to  have  protested,  or  something  to 
that  effect. 

Q.  What  protests  did  he  refer  to — protests  he  sent  to  the  Dominican  senate? — A.  The 
protest  he  made  against  concessions.  I  meant,  as  I  think  I  followed  by  explaining  to  him, 
that  they  were  all  null  and  void,  and  invalid,  and  that  the  reports  that  all  kinds  of  conces- 
sions, &c,..  were  being  made,  were  being  used  by  a  portion  of  tiie  press  to  oppose  the  treaty. 

By  Mr.  Schurz  : 

Q.  You  say  that  ten  thousand  dollars  in  coin  and  some  arms  were  sent  by  Spoftbrd, 
Tileston  &  Co.  What  were  they  sent  for,  do  you  know? — A.  I  do  not  know.  I  know- 
that  Colonel  Fabens  told  me,  either  verbally  or  in  a  note,  I  do  not  remember  which,  that 
Spoftbrd  &.  Tileston  had  sent  down  that  amount  of  money. 

Q.  Why  did  vou  tell  Mr.  Perry,  if  you  did  not  know  why  they  were  sent,  that  you 
thought  it  best  not  to  protest  against  it?— A.  I  did  not  say  that.  I  said  I  thought  it  best 
not  to  protest  against  concessions. 

Q.  Had  you  any  conversation  with  Mr.  Perry  about  that  money  and  those  arms  .'—A.  I 
told  him  I  knew  they  went  down  there,  and  I  think  I  told  him  they  came  back. 

By  Mr.  Howard  : 

Q.  Fix  the  time  and  place  of  this  conversation.— A.  It  was  at  the  Executive  Mansion  in 
this  city,  the  first  morning  that  I  saw  Mr.  Perry  after  his  return  from  San  Domingo.  I  do 
not  reniember  the  date. 

Q.  In  what  month  must  it  have  beea  ' — A.  It  was  the  last  of  May. 


118  DAVIS    HATCH. 

By  Mr.  SCHURZ : 

Q.  Did  Mr.  Perry  tell  you  that  he  had  protested  ao^ainst  the  landing  of  that  money  ""-^A. 
Yes,  sir.  • 

Q.  Did  you  express  no  opinion  about  that  protest  ? — A.  No,  sir. 

Q.  None  whatever  ? — A.  None.  The  protest  that  I  expressed  au  opinion  about  was  his 
protest  about  concessions  and  the  acts  of  thr.t  government. 

Q.  Was  it  your  opinion,  at  the  time,  that  tLat  money  and  those  arms  might  have  been  sent 
down  in  consideration  of  a  loan  ? 

Mr.  Howard.  Do  you  ask  the  witness  as  to  his  mere  opinion  ? 

Mr.  ScHURZ.  I  want  to  know  as  matter  of  information,  whether  it  was  part  of  the  loan 
that  was  sent  down. 

The  Witness.  I  have  no  information  and  no  reason  to  know  that  Mr.  Hartmout  had  any- 
thing to  do  with  the  sending  of  this  money. 

By  Mr.  Ferry  : 

Q.  Did  you  not  know  that  Spotlbrd  and  Tileston  were  his  agents  ? — A.  I  did  ;  but  then 
they  were  men  of  very  great  wealth,  and  I  did  not  know  but  that  they  had  sent  the  money 
themselves  and  taken  their  risk. 

Q.  What  would  they  sedd  arms  for? — A.  I  do  not  know.  That  is  their  business.  I 
knew  that  if  they  sent  down  any  money  on  the  Hartmont  loan,  according  to  the  contract  it 
would  be  null  and  void,  and  they  could  not  collect  it.  Anything  they  would  send  would  be 
at  their  own  risk,  because,  by  one  of  the  articles  of  the  treaty,  they  had  to  send  the  money 
there  by  the  31st  of  December,  ahd  if  Hartmont  saw  fit  to  send  down  money  afterward,  and 
Mr.  Baez  took  it,  it  would  be  entirely  at  the  risk  of  the  agents  of  the  loan. 

By  Mr.  Schurz  : 

Q.  Did  you  state  that  you  knew  of  those  arms  and  of  that  money  being  sent  down  ? — 
A.  I  did  state  so. 

Q.  How  did  you  get  that  information  ? — A.  I  think  Colonel  Fabens  told  me  so  in  person 
or  in  a  note  I  had  from  him. 

Q.  Did  he  tell  you,  also,  what  those  arms  and  that  money  were  sent  for  ? — A.  Sent  for 
the  Dominican  government,  as  I  understood. 

Q.  As  a  loan  ? — A.  I  do  not  know  that  it  was  expressed  in  that  way.  I  do  not  knovr 
whether  it  was  in  the  form  of  a  loan  or  not.  My  inference  was  that  it  must  have  been 
loaned  to  them  by  somebody. 

Q.  Did  Colonel  Fabens  tell  you,  anything  about  whether  it  was  a  loan  or  not  ? — A.  I  can- 
not say  that  he  ever  said  it  was  a  loan,  but  my  inference  was  that  it  must  have  been  a  loan 
to  those  people,  because  I  did  not  suppose  they  paid  mouej'  for  this  mone^'. 

Q.  Do  you  know  of  anybody  in  New  York  loaning  moneys  to  the  Dominican  govern- 
ment, except  Hartmont  &  Co.  ? — A.  No,  sir,  I  do  not,  and  what  I  state  is  all  I  know  about 
their  loaning  it. 

By  Mr.  Howard  : 

Q.  In  this  paper  of  June  7,  Mr.  Perry  says  ;  "He,"  meaning  Babcock,  "also  told  me  that 
Mr.  Hatch  should  not  have  been  released."  I  suppose  he  there  refers  to  the  same  conver- 
eatiou  to  which  you  have  referred  ? — A.  Yes,  sir. 

Q.  What  did  you  say  to  him  about  Hatdi  being  released  ? — A.  I  did  not  tell  him  that  he 
ought  not  to  have  been  released.  I  asked  him  tlie  question  whether  ho  had  a  positive  order 
for  the  relea,sc  of  Mr.  Hatch,  and  ho  told  me  lie  had  ;  and  then  I  told  him,  as  I  stated  before, 
that  this  was  sent  without  the  knowledge  of  the  President.  I  made  that  remark  .so  as  to 
explain  why  I  had  asked  tlie  question. 

By  Mr.  Fkiiuv  : 

Q.  How  did  you  know  it  was  sent  witliout  the  knowledge  of  the  I'rosident  .' — A.  I  knew 
it  from  private  conversations  I  iiad  had  with  the  President. 

Q.  Had  you  yourst-lf  mentioned  Mr.  Iliitch  to  the  President  .'—A.  I  had. 

Q.  liiid  you  stilted  i»  tlic  President  tliat  Mr.  Hatch  ouglit  not  to  be  relea.sed  .'—A.  I  had 
given  my  opinion  to  the  I'rc.sidcnt  that  Mr.  Hatch  was  guilty. 

Q.  Had  you  stated  to  the  President  that,  in  your  judgment,  Mr.  Hatch  ought  not  to  be  re- 
leased ? — A.  No,  sir;  I  do  not  think  I  ever  did. 

By  Mr.  Vk;ki:rs: 

Q.  When  was  it  tliat  you  .stated  your  opinion  to  the  President  '—A.  I  cannot  tix  the  date, 
but  it  was  some  time  this  spring. 

By  Mr.  Fekkv  : 

Q.  You  had  told  the  Prcsidf-nt,  then,  that  you  bcjipved  Mr.  Hatch  to  be  guilty.— A  Ye^, 
sir. 


DAVIS    HATCH.  119 

By  Mr.  Howard  : 

Q.  Do  you  know  whether  Mr.  Perry  Imd  auy  difficulty  in  San  Domingo  when  ho  was 
there?-  -A.  Yes,  sir;  I  understand  he  had. 

Q.  Have  you  a  dispatch  or  letter  from  Mr.  Gautier,  the  Dominican  minister  of  foreign 
afifairs  on  that  subject? — A.  I  have  one  that  was  sent  to  the  Statij  Department. 

Q.  Have  you  it  with  you? — A.  I  have. 

By  Mr.  SCHURZ : 
Q.  Did  you  get  it  at  the  State  Department  ? — A.  Yes,  sir ;  it  was  sent  from  the  State  De- 
partment to  mo. 

By  Mr.  Howard  : 

Q.  What  is  the  date  of  it? — A.  May  17,  1870.  I  have  the  original  here  and  also  a 
translation  by  the  State  Department. 

Q.  Read  the  translation. — A.  It  is  as  follows : 

"San  Domingo,  May  17,  1870. 

"  Most  Excellent  Sir  :  After  my  note  of  ^-esterday  had  been  written,  with  regard  to 
the  proceedings  of  the  commercial  agent  of  the  United  States  in  this  city,  a  new  and  scan- 
dalous incident  occurred,  which  has  deeply  grieved  all  the  members  of  the  government,  all 
the  friends  of  annexation,  and  all  North  American  citizens  who  have  had  knowledge  of  the 
affair.     The  case  is  as  follows  : 

"An  American  citizen  had  been  sued  by  a  Danish  subject  for  an  outrage  which  he  had 
committed,  and  as  the  said  American  belonged  to  the  crew  of  the  Tybee  he  could  not  be  al- 
lowed to  depart  in  the  said  vessel  before  having  paid  the  fine  to  which  he  was  condemned. 
At  this  juncture  the  consul  made  the  oifer  that  the  said  fine  should  be  paid  through  his  medi- 
ation, he  becoming  responsible  for  the  individual,  who  was  at  once  suffered  to  depart.  This 
took  place  at  the  time  when  the  Tybee  sailed  in  March. 

"  The  court,  on  the  consul's  refusal  to  pay,  again  required  the  condemned  party  to  pay 
the  fine,  as  soon  as  the  Tybee  arrived,  and  the  consul  entered  the  court-room,  and  in  opea 
court  told  the  plaintiff  to  abandon  the  suit  and  to  keep  silent.  As  the  plaintiff  replied  that 
he  could  not  abandon  his  complaint,  the  consul,  without  any  regard  for  his  position,  for  the 
dignity  of  the  court,  or  for  the  concourse  of  North  Americans  and  native  citizens  who  were 
present,  walked  up  to  the  individual  and  slapped  him  in  the  face,  and  then  immediately  went 
and  took  refuge  in  his  office. 

"The  laws  of  the  country  are  precise  and  definite  ;  such  a  lack  of  respect,  in  presence  of  a 
court,  is  punished  with  a  heavy  fine,  and  with  imprisonment.  My  government,  however, 
in  consideration  of  the  functions  of  this  gentleman,  out  of  special  regard  and  deference  to 
the  cabinet  at  Washington,  and  to  the  worthy  President  Grant,  has  interposed  its  influence 
in  order  that  the  person  of  said  agent  be  not  touched,  although  it  will  not  be  possible  to 
exempt  him  from  the  fine  which  justice  demands. 

"  Unfortunately,  the  man  who  received  the  blow  is  a  negro.  The  painful  sensation  pro- 
duced by  this  occurrence  in  society  here  could  not  well  be  exaggerated,  because  hitherto 
nobody  had  failed  in  the  respect  due  to  a  court ;  and  as  mischievous  persons  are  everywhere 
found,  unfriendly  comments  have  been  made  on  the  affair. 

"  My  government  directs  me  earnestly  to  represent  to  your  excellency  the  necessity  of 
sending  a  person  of  peaceful  disposition,  well  acquainted  with  the  policy  of  our  govern- 
ments, and  callable  of  exailiiniug  and  comprehending  the  special  circumstances  in  which 
the  country  is  placed.  Mr.  Perry,  notwithstanding  the  recommendations  which  have  been 
made  to  him  to  live  on  a  friendly  footing  with  the  government ;  notwithstanding  the  defer- 
ence with  which  he  has  been  treated,  has  done,  in  the  attitude  of  a  friend,  more  injury  than 
could  have  been  done  by  the  most  open  enemy.  His  good  qualities  and  feelings  disappear 
before  the  irritability  of  his  temper,  and  it  is  a  matter  of  importance  to  my  government  and 
to  sound  policy  that  the  representatives  of  the  cabinet  of  the  United  States  should  be  as 
sympathetic  as  have  been  hitherto  all  the  high  officials  whom  we  have  known,  as  well  as 
the  officers  of  the  United  States  Navy  and  Army. 

"  I  renew  to  your  excellency  the  assurances  of  my  distinguished  consideration. 

"M.  M.   GAUTIEK, 
''Minister  of  Foreign  Relations. 

"  His  Excellency  the  Secretary  of  Foreign  Relations 

"of  the  United  States  of  America." 

The  original  Spanish  is : 

"  Exc'MO  SfSor  :  Escrita  ya  mi  nota  del  dia  de  ayer  acerca  del  preceder  del  agente  co- 
mercial  de  los  Estados  Unidos  en  esta  ciudad  vino  un  nuevo  y  escandaloso  incidente  6 
llenar  de  amargura  el  dnimo  de  todos  los  niiembros  del  gobierno  de  todos  los  partidarios 
de  la  ancxion  y  de  todos  los  ciudadanos  Norte-Americanos  quo  han  presenciado  6  tenido 
noticia   del  acontecimiento.     El  caso  es  el  sipuiente: 

"Un  ciudadano  americano  habia  sido  demandado  par  un  subdito  Diuamarquez  i,  causa 


120  DAVIS    HATCH. 

de  un  ultva^e  que  aquel  le  Labia  inferido,  y  como  perteuecia  a  la  tripnlacion  del  '  Tybee  ' 
no  podia  pennitersele  su  marclia  en  dicho  buque  antes  de  haber  satistecho  la  multa  a  que 
se  le  condeno.  En  tal  moineuto  el  consul  ofrecio  que  se  pagaiia  dlcha  multa  por  su  niedia- 
cion,  respondiendo  por  el  individuo,  a  quien  desde  luego  se  dejo  marchar.  Esto  sacedio 
en  el  viage  del  Tybee  del  mes  de  Marzo. 

"El  juzgado,  ;i  la  negativa  de  pago  por  parte  del  consul  requirio  de  nuevo  al  coudenado 
a  la  multa  tan  lucgo  como  Uego  el  Tybee  y  el  consul  el  plena  audiencia  entro  en  el  tribunal 
a  decir  al  querellaute  que  abandonara  el  asunto  y  guardara  sileucio.  Como  le  coutesto  que 
61  no  podia  abandonar  su  queja,  el  consul,  sin  miramiento  alguno  por  su  posicion  ni  por  la 
dignidad  del  tribunal  ni  por  el  concurso  de  Norte-Americanos  y  nacionales  alii  preventes 
marcho  sobre  el  individuo  y  le  dio  una  bofetada,  saliendo  immediatamente  a  albergarse  en  su 
cousnlado. 

"Las  leyes  del  pais  son  precisas  y  tenninantes  una  falta  de  acataraiento  semejante  ante 
un  tribunal  es  castigada  con  crecida  multa  y  con  prision.  Mi  gobierno,  sin  embargo,  en  con- 
sideracion  a  las  funciones,  aue  ejerce,  ese  senor ;  por  especial  miramiento  y  det'ueucia,  al 
gabinete  de  Washington  y  al  digno  Presidente  Grant,  ha  iuterpucsto  su  influencia  para  que 
no  se  toque  a  la  persona  de  dicho  agente,  si  bien  no  le  seji  posible  esconerarle  de  la  multa,  en 
obsequio  de  la  vindicta  publica  ofendiday  alarmada. 

"Por  desgracia  el  hombre  abofeteado  era  un  negro.  La  sensacion  dolorosa  que  ese  hecho 
ha  causado  en  esta  sociedad  es  imponderable  ;  porque  nadie  hasta  hoy  habia  faltado,  al  res- 
peto  .1  un  tribunal ;  y  como  no  falta  alguno  que  olro  enemigo,  que  explote  las  ideas,  se  han 
hecho  comentarios  tristes  acerca  del  acontecimiento. 

"  Mi  gobierno  me  encarga  encaracer  a  V.  E.  la  uecesidad  de  que  se  envie  un  hombre  de 
calma,  bien  peneti'ado  del  pensamiento  politico  de  nuestros  gobiernos,  y  capaz  de  estudiar  y 
comprender  las  circunstancias  especiales  del  pais.  El  Reiior  Perry,  no  obstante  las  recomen- 
daciones  que  se  le  han  hecho  de  que  viva  en  buena  inteligencia  con  el  gobierno  ;  apesar  de 
la  deferencia  con  q\ie  se  le  ha  tratado,  ha  hecho  en  su  clase  de  amigo  mas  dano  quo  el  que 
pudiera  hacernos  el  enemigo  mas  complete  sus  cualidades  y  sus  buenos  deseos  desaparecen 
ante  la  irritabilidad  de  su  caracter  y  a  mi  gobierno  y  a  la  sana  politica  conviene  que  los 
representantes  del  gabinete  de  los  Estados  Unidos  se  hayan  taii  simpAticos  como  hasta 
ahora  lo  han  sido  todos  los  altos  empleados  que  hemos  conocido,  y  los  gefes  y  oficiales  de  su 
marina  deguerra. 

"  Renuevo  .a  V.  E.  las  seguridades  de  mi  distinguida  consideracion. 

''  M.  M.  GAUTIER, 
"  Miniatro  de  Rdaciones  Exteriorcs. 

"Exc'mo  Senor  Secrktauio  uk  l.\s  Kelacionk.s  Exteriokks, 

*^dn  los  Estados  Unidos  de  America,   Washin<ito>i. 

"  Santo  Domingo,  Mayo  17  de  1>370.'' 

By  Mr.  ScHURZ : 

Q.  You  say  you  received  that  document  from  the  State  Department  f — A.  Yes,  sir. 

Q.  Did  you  apply  for  it  .' — A.  I  did  ;  I  wrote  a  note  to  the  Assistant  Secretary,  asking  him 
if  there  were  charges  against  Mr.  Perry  from  that  government,  and  this  document  was  sent 
to  me,  and  with  it  were  sent  down  two  others  which  I  did  not  bring  up  as  they  were  the 
ones  read  from  Mr.  Gauticr,  in  regard  to  the  protest  to  the  president  of  the  Senate.  Those 
being  already  on  file  with  the  committee  I  did  not  bring  them. 

IJy  Mr.  WiLF.lA.M.s  :  i 

Q.  When  Mr.  Perry  visited  you  at  the  Executive  Mansion  and  engaged  in  this  conver- 
sation were  the  friendly  relations  between  you  and  him  at  that  time  nndistiirbed,  and  did 
you  consider  that  you  and  he  were;  conlidentiul  fricnd.s  aboiit  this  treaty  business? — A. 
I  had  every  reason  to  suppose  that  ho  was  as  friendly  to  me  as  one  could  be.  I  have 
to  this  date  to  know  the  reason  why  he  should  have  any  animus  toward  mc.  I  think  I  was 
probably  about  the  first  person  he  saw  to  talk  with  when  lu^  came  back  :  He  came  in 
and  sat  down  and  I  asked  liim  a  question  purely  in  confidences  between  gentlemen,  "Is 
tlu're  any  opjtosilidM  down  tliere,  or  is  there  really  a  large  miijoiity  of  those  people  in  favor 
of  annexation  ?"  wanting  to  get  at  a  certainty  almost,  iiaving  seen  the  stories  tiiat  were  pub- 
li.-shcd.  lie  told  me,  "  Yes  ;  tiiero  is  no  doubt  about  that,  "  and  the  conversation  proceeded. 
He  asked  me  what  he  could  do  tliat  could  help  llie  treaty,  and  1  told  him  he  could  see  differ- 
ent gentlemen  ;  I  told  him  the  President  wanted  to  see  him,  and  very  soon  the  President  was 
at  leisure,  and  he  went  in  and  saw  the  Presirlent;  alter  ho  came  out  we  had  a  still  further 
conversation,  jxrfeetly  friendly,  and  In;  told  me  of  little  matters  going  on  in  the  country — 
items  of  iiiform.'itioii  tluit  lie  iiad  ;  and  I  asked  him  if  he  would  )ioi  make  some  notes  of 
things  that  could  be,  use<l  to  help  the  treaty,  and  I  would  give  them  to  the  i'riends  of  the 
treaty,  supposing  Mr.  J'crry  to  be  just  as  friendly  to  it  as  myself.  I  told  him  if  ho  would 
make  memoranda  lor  me,  1  would  use  them  ;  tins  conversation  at  this  time  was  interrupted, 
as  I  remember,  by  the  Secretary  of  State  coming  in  ami  speaking  with  Mr.  Perry,  and  then  in- 
viting him  to  go  lo  the  State  Department  with  him,  and  he  went  there. 

Py  Mr.  Howard: 

*^.  Can  you  state  to  the  e,(immittee  what  the  uegotiatiou  of  the  treaty  cost,  and  who  paid 


DAVI8    HATCH.  121 

the  bills  ;  who  had  chiuf^e  ot'  the  inouey  .' — A.  I  had  charge  of  it  inyselt,  so  far  as  all  the 
incidental  exponso.s  were  concerned. 

Q.  That  is,  the  expenses  of  the  persons  connected  with  the  negotiations  / — A.  Yes,  sir;  1 
will  explain  what  I  moan.  When  I  wont  from  here,  as  the  letter  to  me  which  has  been 
published  will  show,  I  was  furnished  by  the  State  Department  at  one  time  with  .$300,  and 
the  other  time  with  $700 ;  the  first  time  I  had  authority,  in  case  it  were  necessary,  to  draw 
on  the  department  for  more  money  lor  my  coutinp^cnt  expenses;  so  that  iill  tliu  money  I 
drew  from  the  contingent  fund  of  the  State  Department  was  !ij)l,200,  and  of  that  I  used  a  lit- 
tle over  $1,100. 

Q.  For  the  whole  expenses '.' — A.  For  the  whole  expenses  that  I  expended  in  anj'  way. 

Q.  With  whom  did  you  settle  your  accounts  ? — A.  The  money  was  taken  from  the  con- 
tingent fund,  or  the  secret-service  fund  of  the  State  Department.  The  President  looked 
over  my  first  account,  and  I  got  his  signature  to  it.  The  second  account  I  have  never  sub- 
mitted to  him  to  get  his  signature;  but  I  have  it  all  made  out.  I  submitted  it  in  that  way 
because  I  supposed  I  had  to  account  f(.r  it  to  the  State  Department  the  same  as  any  other 
fund  ;  but  when  I  went  to  the  State  Department  the  official  clerk  told  me  that  in  regard  to 
money  drawn  in  that  way  all  the  voucher  the  law  re(iuired  from  the  State  Department  '.'.as 
the  order  of  the  President  for  the  money,  and  if  I  satisfied  the  President  the  money  was 
properly  expended,  that  was  the  end  of  it,  so  far  as  any  responsibility  was  concerned; 
and  for  that  reason  I  pursued  the  course  I  did. 

By  Mr.  Schurz  : 

Q.  Did  you  pay  any  pioney  in  consideration  of  the  treaties  ' — A.  Yes,  sir  ;  1  paid  .$100,000 
in  gold,  for  which  I  took  Mr.  Perry's  receipt.  Mr.  Perry  was  present,  with  a  number  of  gen- 
tlemen, when  it  was  counted,  and  Mr.  Perry  gave  me  his  receipt,  and  took  the  receipt  of  the 
treasurer,  I  believe. 

By  Mr.  Howard: 

Q.  What  was  that  for  / — A.  That  was  the  first  installment  on  the  conditions  of  the  treaty, 
to  ho  applied  to  the  lease  of  the  Bay  of  Samana  ;  and  in  the  treaty  it  was  enumerated  that 
this  money  should  be  deducted  from  the  $l,.'iOO,000,  in  case  annexation  took  place.  That  is 
all  explained  in  the  treaty. 

By  Mr,  Schurz  : 

Q.  Was  there  not  a  cargo  of  arms  ? — A.  The  condition  on  which  the  treaty  was  made  was 
that  1100,000  in  gold  and  |50,000  in  munitions  of  M'ar  should  be  supplied.  A  schedule  of 
what  they  applied  for  I  think  accompanies  the  treaty.  The  substance  of  it  was  two  or  three 
mountain  howitzers,  with  all  their  appurtenances,  and  the  amnninition  to  go  with  them  ;  a  cer- 
tain number  of  Springfield  rifles  ;  and  a  certain  number  of  breech-loading  arms,  I  think 
Spencer's.  The  sum  was  made  up  pretty  nearly.  In  making  out  the  list,  I  had  it  made  out 
exactly  as  if  we  had  heen  supplying  our  own  army  with  the  same  proportion  of  arms  and 
munitions,  and  the  whole  amounted  to  less  than  .|.50,000.  That  is  the  reason  they  acknowl- 
edge in  the  treaty  the  receipt  of  $175,000  and  some  cents.  We  agreed  to  furnish  them 
$150,000  ;  $100,000  to  be  in  gold  and  $50,000  in  munitions  of  war.  The  munitions  furnished 
amounted  to  $47,000  and  some  cents. 

Q.  Did  you  deliver  the  $100,000  in  coin  to  Baez  himself  f — A.  No,  sir. 

Q.  To  whom  ? — A.  To  the  treasurer,  Mr.  Gibbs. 

Q.  Treasurer  of  the  Dominican  government? — A.  Yes,  sir. 

Q.  Do  you  know  whether  the$100,000  were  accounted  for  to  the  Dominican  senate  '  Have 
you  any  knowledge  of  the  fact  ? — A.  I  have  no  information  as  to  what  they  did  with  the 
money.  I  know  that  Mr.  Perry  was  there  and  saw  the  money  counted,  and  gave  me  a  re- 
ceipt. The  boxes  were  never  opened  by  me  ;  they  were  checked  off  by  an  officer  of  the  Navy 
Department  detailed  from  the  vessel,  and  also  by  one  of  the  Dominican  government.  There 
was  an  understanding  between  President  Baez  and  Mr.  Perry  that  they  should  go  down  and 
open  any  number  of  boxes  they  pleased  to  see  if  they  coincided  with  the  invoices  ;  and  when 
the  whole  number  of  boxes,  according  to  the  schedule,  had  been  placed  on  shore  it  was  done. 
Mr.  Perry  gave  me  a  receipt  for  the  stores,  and  I  think  he  took  a  receipt  for  them  :  though  I 
do  not  know  that  he  took  a  receijit  for  them,  because  the  treaty  receipts  for  them. 

By  Mr.  Howard : 

Q.  Have  you  a  letter  from  Mr.  Cazneau  of  May  17,  1870? — A.  I  have. 

Q.  Can  you  produce  it  ? — A.  I  have  it  not  with  me  now. 

Q.  Where  is  it  ?— A.  At  the  Executive  Mansion. 

Q.  Will  you  please  produce  it  this  evening  if  you  can  ? — A.  I  will  ask  permission  to  do  so. 
By  Mr.  Schurz  : 

Q.  Can  you  state  in  general  terms  what  the  letter  contains  .' — A.  It  is  a  letter  written  ap- 
parently after  the  trouble  that  Mr.  Perry  relates  with  Mr.  Cazneau,  and  goes  on,  starting  off 
by  making  some  comments  on  Mr.  Perry,  saying  he  is  very  energetic,  brave,  &c  ,  but  very 
irritable,  and  not  calculated  for  diplomatic  intercourse,  or  something  like  that.  It  then  goes 
on  to  state  that  he  had  had  some  trouble  wiih  different  people  :  staled  that  he  had  had  some 
trouble  with  Prime,  a  citizen  there,  who  had  the  bank  ;  Mr.  Cazneau  saying  that  Mr.  Piime 


122  DAVIS    HATCH. 

wanted  larg-er  privileges  thau  the  bauk  charter  granted  ;  that  it  was  opposed  by  that  govern- 
ment, and  Mr.  Perry  would  not  help  him  la  it,  and  consequently  Prime  was  dissatistied.  It 
said  that  O'Sullivau  was  dissatisfied  because  he  would  not  recommend  that  O'Sullivan 
should  be  sent  over  to  Havana  to  send  the  telegraphic  news  to  Washington  when  they 
feared  trouble  on  the  Haytien  border.  The  letter  said  also  that  Mr.  Perry  had  applied  to 
the  Dominican  government  for  the  lease  of  certain  buildings  for  his  friend  Scott,  from 
Baltimore,  for  a  hotel,  and  that,  being  occupied  as  a  court,  they  had  been  refused, 
but  they  offered  him  the  adjoining  building  for  a  term  of  years  on  condition  that  he 
should  make  good  the  roof,  &c.,  and  this  had  offended  him.  It  said,  farther,  that  on  this 
Mr.  Perry  insisted  upon  the  release  of  Mr.  Hatch,  and  stated  that  he  had  positive  orders 
from  his  government  to  demand  his  release.  Cazneau  says  that  he  was  present  at  the  in- 
terview that  had  occurred,  and  that  Mr.  Pen-y  took  the  ground  to  the  Baez  governmen-t,  as 
Mr.  Perry  says,  that  this  man  had  been  tried,  sentenced  to  be  hung,  and  pardoned ;  but 
they  said  that  his  pardon  had  not  yet  been  given  to  him,  and  the  people  thought  it  was 
better  to  keep  him  there  than  to  let  him  go  while  this  matter  was  under  negotiation.  That 
was  the  nature  of  the  letter. 

By  Mr.  Howard  : 
Q.  You  will  please  produce  the  letter. — A.  I  have  no  objection  to  producing  tho  letter. 
Q.  Have  you  a  letter  from  Mr.  Hatch  dated  the  15th  of  March  ? — A.  I  have  a  letter  from 
Mr.  Hatch;  I  do  not  remember  the  date  of  it:   I  can  produce  it. 

By  Mr.  SCHURZ : 
Q.  Is  that  the  letter  Mr.  Ferry  asked  for  ? — A.  Yes,  sir. 

By  the  CHAIRMAN  : 
Q.  Did  you  receive  it  here? — A.  Yes,  sir;  here  in  Washington.     (Letter  produced.) 
Mr.  Howard.  I  wish  the  letter  put  in  as  evidence  in  the  case,  Mr.  Chairman,  for  the 
purpose  of  showing  the  temperament  and  animus  of  Mr.  Hatch,  and  the  ease  with  which 
he  passed  from  one  error  of  statement  into  another. 
Mr.  Ferry.  I  was  about  to  present  a  duplicate  of  the  letter.     I  have  read  it. 
The  Witness.  I  have  here  the  original  letter  as  received  by  me. 

By  Mr.  Howard  : 

Q.  What  is  the  date  of  it?— A.  Azua,  March  15,  1870. 

By  Mr.  Vickers  : 

Q.  Is  it  written  from  prison  ? 

The  Witness.  I  believe  not. 

Mr.  Ferry.  It  is  the  day  after  his  release. 

The  Witness.  I  will  read  the  letter.  I  sent  him  no  answer  to  this  letter,  and  I  will  ex- 
plain why.  Before  reading  it  I  will  say  that  he  slates  in  it  that  I  was  authorized  by  the 
State  Department  to  investigate  his  case  or  associated  with  Mr.  Perry  in  some  way.  I  deny 
it  entirely.  Mr.  Hatch  was  evidently  laboring  under  a  delusion  when  he  was  making  this 
charge.    The  letter  is  a.s  follows : 

"Azua,  March  15,  1870. 
"  Sir  :  It  has  hitherto  .seemed  so  improbable  that  a  man  educated  at  our  national  Military 
Academy,  and  attained  to  tho  high  rank  you  hold,  at  so  early  a  period  in  life,  and  holding 
80  important  and  confidential  a  position  by  the  side  of  President  Grant,  could  bo  induced  by 
sordid  motives  to  use  the  inUucnce  of  your  rank  and  position  to  tho  injury  of  a  fellow-coun- 
tryman, in  u  foreign  land,  an  entire  stranger  to  you,  when  you  was  under  the  most  solemn 
obligations,  ns  an  oflicer  of  our  government,  to  aid  and  protect  him,  that  I  could  not  for  a  long 
time  believe  what  I  heanl. "  So  long  ago  as  the  month  of  October  I  received  a  letter  from 
a  friend  in  San  Domingo,  in  which,  after  speaking  of  the  combination  of  certain  parties 
there  who  wen-  encouraging  Mr.  Haez  in  persecuting  me,  it  says,  '  And  I  have  it  from  un- 
doubted authority  that  (General  Babcock  took  on  with  him  the  so-called  proofs  of  your  com- 
plicity in  the  revolution  against  the  government,  to  lay  them  before  tho  President  and  the 
State  Department,  in  order  to  forestall  and  prejudice  your  case,  and  prevent  any  inteiposi- 
tion  by  our  government  in  your  behalf,  and  this  before  your  trial.'  Keliable  though  the 
source  wli<'nco  tliis  report  came,  I  was  incredulous,  and  did  not  notice  it  or  speak  of  it. 
More  positive  evidence  having  reached  mo  since,  which,  taken  in  connection  with  tlio  acquies- 
cence of  our  government  in  the  contiinieil  ])ersecution  of  Mr.  IJuez,  leaves  nie  no  longer  in  doubt ; 
and  clear  and  trutlifnl  tliongli  the  whole  record  Hocma  to  be,  I  would  not  make  a  formal  com- 
plaint to  our  government,  or  give  any  publicity  to  the  affair,  without  giving  you  tho  op- 
portunity to  defend  or  (-xplain  your  course,  although  you  did  not  extend  tlu'  like  favor  to 
me.  I  therefore  send  a  copy  of  this  letter  to  Senator  ().  S.  Ferry,  to  whom  1  applied  for 
assistance,  after  being  more  than  thrcjo  months  in  prison,  and  seeing  tli.at  those  who  were 
nnder  the  most  impt^rativi;  obligations  to  aid  ;ind  protect  mo  were  using  the  influence  of 
their  official  positions  to  prolong  my  confinement  for  the  gratification  they  saw  it  afforded 
Mr.  Baez  and  others. 


DAVIS    HATCH.  123 

"  I  have  heretofore  given  General  Ferry  ana(H-onntof  tlie  atrocious  conductof  Mr.  Perry, 
but  as  I  hear  he  was  associated  with  jou  as  one  of  tlie  commissioners  of  the  State  Depart- 
ment to  investigate  my  case  with  this  government,  it  is  important,  for  the  ends  in  view,  that 
I  should  give  you  some  of  the  principal  facts. 

"He  arrived  in  San  Domingo  on  the  12th  of  November.  On  the  16th  Mr.  Smith,  his 
predecessor,  wrote  me  :  'lam  much  pleased  with  Mr.  Perry.  I  have  taken  great  pains  to 
acquaint  him  with  your  situation,  and  he  has  promised  to  stand  by  you.  Write  him  the 
same  as  you  would  to  me.'  With  this  assurance  I  wrote  him  a  long  and  confidential  letter 
on  the  18th,  and  sent  him  copies  of  such  of  my  letters  to  Mr.  Smith  as  I  happened  to  have. 
I  explained  fully  the  circumstances  of  my  arrest,  trial,  <S; c,  and  added  that  Mr.  Smith  wrote 
mo  in  October  that  he  had  demanded  my  release,  as  I  had  requested  him  to  do,  upon  the 
grounds  that  the  decree  of  the  4th  October,  commuting  the  sentence  to  banishment,  was  a 
finality,  and  that  my  continued  detention  is  illegal  and  contrary  to  the  practice  of  all  civil- 
ized governments  in  such  cases,  and  that  the  government  replied  that  I  would  be  released 
as  soon  as  the  record  of  the  trial  had  been  copied,  (a  mere  pretext  to  prolong  my  confine- 
ment,) and  in  order  to  still  further  prolong  the  time  the  copying  was  given  to  a  boy,  who, 
acting  under  instructions,  took  six  weeks  to  do  what  could  have  been  done  in  two  days.  I 
know  the  order  was  here  for  me  to  proceed  to  the  city  when  the  copy  should  be  completed. 
On  the  IGth,  four  days  after  the  arrival  of  Mr.  Perry  in  the  city,  a  friend  of  mine,  although 
a  confidant  of  the  governor,  who  was  to  accompany  me  to  the  city  on  business  with  me, 
called  and  told  me  we  were  to  embark  the  next  day  in  the  Capotilla.  On  the  evening  of  the 
same  day  he  called  again  and  told  me  that  an  order  had  just  been  received  to  hold  me  in 
prison  until  further  orders.  I  wrote  Mr.  Perry  all  these  particulars.  The  designs  of  Mr. 
Baez  were  now  fully  revealed.  He,  with  the  aid  of  Cazueau  and  Fabens,  had  succeeded  by 
false  and  malicious  representations  against  Mr.  Smith  to  eifect  his  recall,  because  he  was  too 
honorable  and  too  straightforward  a  man  to  enter  with  them  into  their  intrigues  and  schemes 
to  defraud  our  government  in  the  uegotiations  they  were  endeavoring  to  effect  between  the 
two  governments.  It  then  came  out  that  these  artifices  had  been  resorted  to  to  hold  me 
here  until  the  result  of  the  application  for  the  recall  of  Mr.  Smith  should  be  known,  and 
therefore  it  was  decided  immediately  on  the  arrival  of  Mr.  Perry  to  hold  me  until  a  peremp- 
tory order  should  be  received  from  our  government  to  liberate  me.  I  wrote  Mr.  Perry  three 
more  letters,  the  last  on  the  6th  December,  but  up  to'this  time  have  not  received  a  line  or  a 
message  from  him.  Common  courtesy  between  gentlemen  entitled  me  to  an  answer  to  my 
letters,  but  his  neglect  of  me,  as  an  officer  of  our  government,  whose  especial  duty  it  is  to 
protect  the  lives,  the  liberty,  and  the  interests  of  his  countrymen,  makes  his  conduct  crim- 
inal, and  I  have  good  reason  to  suspect  him  of  a  breach  of  confidence  in  an  improper  use 
of  my  letters,  written  upon  the  promises  of  assistance  through  Mr.  Smith.  Although  only 
too  truthful,  it  is  my  assertions  of  innocence  from  the  first,  to  the  governor  here,  and  others, 
and  my  determination  to  demand  an  investigation  by  my  government,  and  satisfaction  and 
reparation  for  the  wrong  doing,  that  has  so  alarmed  Mr.  iJaez,  and  induced  him  to  prolong 
my  detention.  A  guilty  conscience  will  make  a  coward  of  any  man.  Truth  and  justice  are 
always  consistent;  error  and  falsehood  require  constant  patching. 

"And  now,  presuming  what  I  have  heard  to  be  true,  tiiat  you  were  one  of  the  commission- 
ers who  investigated  and  approved  the  conduct  of  Mr.  Baez  toward  me,  I  take  the  liberty 
of  submitting  a  few  questions  for  your  consideration  : 

"  Did  you  not  feel  some  reproving  of  conscience  while  sitting  in  judgment  upon  me  with- 
out giving  me  an  opportunity  to  be  heard  in  my  defense  or  even  informing  me  of  the 
result? 

"  Did  you  see  the  record  of  the  so-called  trial,  and  if  so,  was  it  translated  by  a  person  in 
the  interest  of  Mr.  Baez  or  of  me ;  and  do  you  know  that  nothing  had  been  added  or  sub- 
tracted from  it  ? 

■'  Did  you  know  that  four  of  the  witnesses  gave  their  evidence  iu  prison,  in  irons  ;  one  of 
whom  was  tried,  sentenced,  and  executed,  after  giving  his  evidence,  and  before  my  trial  ; 
and  that  the  other  three  witnesses,  who  were  also  examined  in  secret,  were  officers  in  the 
civil  service  of  the  government,  and  yet  rendered,  voluntarily  and  cheerfully,  direct  and  im- 
portant services  to  the  Cabral  party  during  the  three  mouths  they  occupied  Barahona  ? 

"Did  you  know  that,  notwithstanding  the  criminal  status  of  the  seven  witnesses  exam- 
ined in  secret,  under  an  implied,  if  not  an  expressed,  condition  of  favor  from  the  government, 
if  their  evidence  tended  to  criminate  me,  yet  that  nothing  was  elicited  from  them  more  than 
that  I  had  voluntarily  given  in  my  declaration  ? 

"Did  you  know  that  it  was  thirty  days  after  my  arrest  before  I  knew  anything  of  the 
charges  against  me,  and  then  had  only  forty-eight  hours  to  prepare  my  defense  ? 

"  Did  you  know  that  I  was  never  informed  when  the  trial  was  to  take  place,  and  only 
heard  of  it  by  accident  the  day  before  from  a  friend  ? 

"  Did  you  know  that  when  I  heard  of  the  time  fixed  for  the  trial  that  I  petitioned  for  time  to 
send  to  the  city  for  important  papers,  and  to  summons  witnesses,  it  was  peremptorily  re- 
fused, without  assigning  any  reason  for  the  refusal  ? 

"Did  you  know  that  the  sentence  was  ordered  by  Mr.  Baez,  with  the  promise  of  pardon, 
and  that  three  responsible  persons,  iu  the  confidence  of  the  governor  here,  told  me  the  day 
before  the  trial  that  I  was  to  be  sentenced  to  death,  but  to  have  no  fear,  for  they  could  assure 


124  DAVIS    HATCH. 

me  that  I  would  be  paixlooed :   aud  that  one  even  told  nie  he  had  seen  the  U>tter  t'roiu  the 
president  to  that  etfe.et  ? 

"All  these  facts  I  communicated  to  Mr.  Perry,  and  if  he  did  not  show  you  my  letters,  it 
only  tends  to  contirni  the  charges  I  have  preferred  against  him  ;  and  if  you  did  see  theni,  and 
with  the  knowledge  of  all  these  circumstances  you  could  act  the  part  you  did  in  judging  and 
approving  the  conduct  of  Mr.  Baez  without  hearing  a  word  from  me,  then  I  must  say  you 
ought  to  have  been  horn  in  the  days  of  the  lucjuisition,  or,  better  still,  under  the  govern- 
ment of  Mr.  Baez,  where  such  things  can  be  done  with  ecpial  impunity,  and  which  you  ap- 
prove. 

"And  to  still  further  show  the  inquisitorial  and  iarcical  character  of  the  trial,  and  that  it 
was  nothing  but  a  plot  to  injure  me  from  the  first,  on  appearing  before  what  was  called  the 
court  I  protested  against  the  trial  proceeding ;  that  the  government  had  taken  thirty  days  to 
prepare  the  prosecution,  taking  the  evidence  of  witnesses  in  secret ;  that  it  was  but  forty- 
eight  hours  since  I  knew  of  what  I  was  accused,  and  that  it  was  only  the  day  before  I  had 
learned  accidentally  when  the  trial  was  to  be  had  ;  that  I  had  had  no  time  or  opportunity 
for  my  defense,  and  should  not  make  any  if  the  trial  was  proceeded  with  then.  The  trial 
was  ordered  without  giving  me  any  satisfaction.  I  did  not  know  who  the  witnesses  were 
or  to  what  they  liad  testified  until  their  testimony  was  read  over.  They  were  called  into  confirm 
their  evidence  given  in  secret,  and  all  appeared  except  the  one  who  had  been  executed. 
The  opportunity  to  question  them  vv-as  offered  me,  which  I  declined.  The  six  ignorant  men, 
forming  what  was  called  the  court,  took  no  part  whatever  in  the  proceedings.  Tiiey  had  been  se- 
lected for  a  special  object.  The  fiscal,  or  prosecutor,  had  his  instructions  from  high  authority, 
and  he  ordered  the  sentence.  lieturuing  to  prison  after  the  sentence,  my  door,  which  had  al- 
ways been  locked  and  guarded,  was  never  again  locked  or  guarded,  and  I  was  allowed  to  go 
in  and  out  when  I  pleased.  A  few  hours  after  th>"  conclusion  of  the  trial  I  sent  a  request  to 
the  governor  for  an  interview.  He  replied  that  he  was  ill  and  could  not  go  out,  but  I  might 
visit  him  at  his  house  and  without  a  guard,  and  I  passed  through  the  same  street  alone,  where  a 
few  hours  before  I  had  passed  under  a  guard  of  armed  men,  although  under  the  seiUcncs  of 
death.  Although  the  governor  had  received  a  letter  from  President  Baez  promising  pardon 
in  advance,  and  which  I  found  was  generally  known,  yet,  for  appearance  sake,  it  was  neces- 
sary to  go  through  the  forms  of  sending  an  express  to  him  with  a  petition  for  pardon.  This 
was  drawn  up  by  the  governor  and  signed  by  me  without  knowing  what  it  contained,  as  it 
was  so  dark  I  could  not  read  it  when  sent  to  me.  It  left  here  on  the  2d  and  arrived  in  the 
city  on  the  4th  of  October :  and  on  'he  same  day,  two  days  after  the  sentence  had  been  passed, 
it  was  conjnuited  by  a  decree  to  banishment,  without  seeing  the  proceediug.s  or  knowing  any- 
thing of  the  facts  presented  on  the  trial,  except  what  may  have  been  communicated  to  Mr. 
Baez  by  the  governor,  a  brother  of  his,  previously.  Until  the  day  before  the  trial  I  had  not 
the  most  remote  idea  that  Mr.  Baez  contemplated  anything  more  by  the  prosecution  than  to 
find  some  pretext  for  sending  me  out  of  the  country.  Does  not  all  this  show  most  conclu- 
sively that  the  only  aim  and  object  of  Mr.  Baez  was  to  pass  the  degrading  at»d  humiliating 
sentence  of  death  upon  me,  which  he  knew  would  carry  with  it  the  presumption  of  guilt  in 
a  greater  or  less  degree  f  Why  that  indecent  haste,  disregarding  all  the  usual  forms  of  law 
and  justice  in  setting  aside  the  sentence  he  had  ordered,  without  reviewing  the  proceedings 
on  the  trial .'  Too  well  he  knew  that  he  had  no  justification  for  the  barbarous  act ;  and  that 
he  did  not  then  contemplate  holding  me  still  a  prisoner  is  evidcmt,  or  he  would  have  com- 
nmted  tlie  sentence  to  a  fixed  term  of  imprisonment.  Ho  knew  that  Mr.  Smitii  regarded  th(! 
whole  affair  as  a  cruel  and  cowardly  act,  without  a  .shadow  of  pretext,  and  that  he  would  not 
submit  to  any  injustice  against  one  of  his  country.  He  knew,  too,  that  he  had  had  the  en- 
tire confidence  of  Mr.  Seward,  and  he  did  not  know  then  that  that  false  and  ciuining  scoun- 
drel, Josepii  W.  Fabens,  would  succeed  in  cifecting  his  recall,  and  he  probably  would  not 
have  done  so  but  for  your  assistance.  Mr.  Baez,  knowing  what  the  consei(uen(',es  would  be 
when  the  truth  Hhould  come  to  be  known  to  our  government,  wished  to  defer  it  so  long  as 
possible.  And  he  never  would  have  ventured  upon  so  hold  and  reckless  a  defiauce  of  law 
and  justice  against  a  citizen  of  the  United  States,  had  he  not  been  encouraged  in  it  by  Mr. 
Cazneau  and  his  secret  agent,  Mr.  Fabens.  whom  he  kept  going  liack  and  forth  to  Wash- 
ingtim.  And  he  lias  been  still  further  encouraged  by  tlie  official  agents  <if  onr  government, 
if  not  by  directi  advice  and  assistance,  at  least  by  their  connivan(;(!. 

"  Immediately  after  the  trial  1  requesti-d  Mr.  Smith  to  call  upon  tiiis  government  for  a 
copy'of  the  proiecding.s  to  send  to  our  governnumt,  a  cojty  of  which  letter  I  sent  to  Mr.  Perry. 
I  have  Hincr  re(|m;st(Ml  (Jeneral  Ferry  to  ask  Mr.  Fish  to  call  for  it,  with  lle^  vivw  of  having 
a  thorough  mvestigation  by  onr  govt^rmnenl.  It  h:is  made  many  similar  aj)|)liciili((iis  to  the 
British  government,  not  one  of  which  w:is  ever  nd'uscd.  1  am  under  no  apprtdiension  but 
that  our  govermnent  will  see  that  full  salisl'aeli<m  and  reparation  is  d<ine  me.  when  they 
shall  come  (o  learn  the  whole  history  of  my  cas!!,  and  what  I  have  sullV-red,  in  person  and 
property,  witiiout  any  pretext  whatever.  J'nviidcrit  (JranL  says  but  little,  but  that  is  well 
considered  befon;  it  is  uttered.  The  paragraph  in  his  inaugural  promising  protection  to 
citizens  abroad,  native  or  naturalized,  was  not  ^vi(,llout  its  meaning  I  have  tnll  faith  in 
his  sense  of  justice,  too.  and  thcreloro  I  refuse  to  bi'lievti  he  knows  all  that  you  know  of  the 
r.rael  wrongs  I  have  suffered  at  the  hands  of  Mr.  15aez. 

"  As  I  am  an  entire  stranger  to  yon.  whom  you  probably  uevyr  lieard  of  before  yoin-  fir.st 


DAVIS    HATCH.  12 

visit  to  thia  couutry,  it  i.s  not  possible  you  coiiid  have  aiiytiiing  persoual  toward  iiie,  aud  it 
is,  therefore,  very  natural  for  me  to  ask  myself  wiiat  motive  you  could  have  in  injuring  me. 
Surely  it  could  not  be  for  the  gratification  it  afforded  Mr.  Baez  and  his  American  counselors, 
and  that  alone.  Are  you  not  in  their  grand  schemes  of  speculation  out  of  the  past  and  pro- 
spective negotiations  with  our  government?  And  liave  you  not  other  speculations  in  pros- 
pect, whicii  induce  3'ou  to  press  aud  encourage  the  pending  negotiations,  without  consider- 
ing the  interests  of  the  two  countries  ?  You  certainly  would  not  go  so  far  one  side  of  your 
line  of  duty  as  to  encourage  Mr.  Baez  in  persecuting  me,  were  it  not  for  the  hope  of  some 
favor — some  reward — directly  or  indirectly  ;  and  these  reflections  lead  me  to  inquire  what 
object  you  had  in  view  in  the  questions  you  put  to  Mr.  Smith  in  the  month  of  August  as  to 
my  character  and  standing,  and  as  to  the  validity  of  the  grants  I  have  in  the  .salt  mines  of 
Neyba.  From  whom  did  you  hear  of  me,  and  of  those  grunts,  and  what  object  had  you  in 
inquiring  whether  they  were  valid  or  not  ?     Were  yoiu-  intentions  honorable  toward  nio  ? 

"To  gratify  your  curiosity,  and  at  the  same  time  that  you  may  know  the,  origin  of  my 
difficulty  with  Mr.  Baez,  I  will  give  you  a  brief  history  of  the  acquisition  of  those  grants. 
I  arrived  in  San  Domingo  in  .January,  ISSI],  and  after  a  careful  examination  of  the  mines 
and  of  the  natural  facilities  for  transporting  the  salt  to  the  sea-board,  I  applied  to  the 
Spanish  government,  then  in  quiet  possession  of  the  whole  country,  for  a  concession 
of  the  same.  Having  been  highlj'  recommended  by  the  highest  authorities  in  Porto 
Rico,  who  knew  me  personally,  my  petition  was  favorably  received  and  favorably  recom- 
mended to  th(5  home  government  for  approval.  Rather  than  wait  there  the  usual  slow 
action  of  the  Spanish  government,  I  returned  home.  On  hearing  of  the  approval  of  the  home 
government,  I  came  out  again  the  following  winter,  and  in  February,  1864,  the  Captain  Gen- 
eral handed  mo  the  eight  grants,  embracing  the  whole  extent  of  the  mines,  duly  signed.  By 
instructions  from  my  associates  I  returned  home  again  to  assist  in  organizing  a  company 
to  work  the  mines ;  but  before  the  organization  had  been  completed,  wo  heard  of  an  insur- 
rection having  broken  out  on  the  north  side,  having  for  its  object  the  regeneration  of  the  re- 
public, and  it  was  thought  advisable  to  await  the  result.  The  revolution  extended  aud  con- 
tinued, until,  finally,  on  the  1st  of  May,  186.5,  the  Spanish  government  pas.sed  an  act  of  aban- 
donment, aud  the  evacuation  of  the  country  took  place  on  the  1 1  th  of  July  follownig.  It  was 
then  thought  advisable,  though  not  necessary  under  the  international  code,  to  obtain  a  con- 
firmation of  the  grants  from  tlie  succeeding  government,  and  I  came  out  again  for  that  pur- 
pose. It  was  not  until  the  following  December  that  a  permanent  government  was  organized 
under  Mr.  Baez.  I  called  upon  him  immediately,  aud  met  with  a  very  cordial  recep- 
tion. He  told  me  he  already  knew  the  whole  history  of  the  grants  and  of  our  projects, 
and  the  importance  they  would  be  to  the  government  and  the  country,  and  that  I  could 
count  upon  his  assistance  and  advice  otScially  and  individually;  and  he  added,  "You 
can  call  upon  me  at  any  time  without  ceremony."  I  called  twice  subsequently  ;  on  which 
occasions  the  subject  of  the  mines  was  fully  discussed,  but  the  validity  of  the  titles  never 
questioned.  On  the  l'.ith  of  December,  five  days  after  his  inauguration,  an  insurrection 
broke  out  at  Puerto  Plata  which  alarmed  him  and  warned  him  of  his  probable  short  tenure 
of  office,  and  of  the  necessity -of  making  good  use  of  his  time.  Every  project  of  improve- 
ment, therefore,  had  its  price,  whatever  advantages  it  offered  to  the  government  or  country. 
He  soon  intimated  to  me  that  ho  thought  there  might  be  a  question  as  to  the  validity  of  our 
titles  in  the  salt  mines,  and,  immediately  after,  a  confidant  of  his  advised  me  to  propose  an  ar- 
rangement with  Mr.  Baez,  privately,  and  have  the  grants  confirmed,  to  save  time.  I  called 
upon  him  th'-  same  evening  with  a  mutual  friend,  and  had  a  private  and  pleasant  conference 
with  him  of  two  hours,  at  which  Iproposed  to  make  him  a  member  of  the  association  without 
bearing  any  of  the  expenses  that  had  been,  or  that  might  be,  incurred  before  the  organ- 
ization. He  seemed  much  pleased  with  this  at  the  time,  and  said  he  would  think  it  over  and 
let  mo  know  after  a  day  or  two.  Nothing  was  said  then  about  the  titles  being  invalid. 
After  a  few  days,  the  insurrection  increasing,  and  seeing  he  would  soon  have  to  leave  the 
country,  he  sent  me  word  that  the  proposal  would  not  suit  him.  and  the  same  confidant  ot 
his  called  again  and  advised  mo  to  propose  a  sum  of  money,  which  I  declined,  and  had  no 
other  interview  with  him.  Not  long  after  this  he  passed  a  decree  annulling  the  grauts  upon 
the  frivolous  pretense  that  the  Spanish  government  had  no  right  to  issue  them  when  they 
did.  It  is  evident  from  this  that  modesty  is  not  one  of  his  virtues,  as  he  held  on  to  his  com- 
mission as  field  marshal  in  the  Spanish  4irmy  sixteen  months  after  the  date  of  the  grants. 

"  He  was  forced  to  succumb  on  the  2Dth  day  of  May,  when,  to  avoid  violence,  he  made  a 
hasty  retreat  to  the  French  consulate,  at  midnight.  On  the  accession  of  General  Cabral  to 
the  presidency,  he  gave  me  grants  identical  with  those  obtained  from  the  Spanish  govern- 
ment. I  immediately  went  to  the  mines  with  a  competent  mining  engineer,  who  carefully 
surveyed  the  mines  and  the  contemplated  railroad  route  from  the  mines  to  the  port  of  Bara- 
hona,  and  made  drawings  of  the  same. 

"  After  the  downfall  of  Mr.  Baez  there  was  published  a  "manifesto,"  signed  by  a  very 
large  number  of  the  most  respectable  citizens,  giving  the  causes  of  the  revolution  against 
Mr.  Baez,  and  animadverted  severely  his  conduct  toward  me  in  the  matter  of  the  salt  mines, 
which  I  knew  nothing  of  until  it  was  published.  His  brother,  Damian,  then  in  Curayoa, 
replied  to  it  in  a  printed  circular,  making  some  false  and  malicious  statements,  which  the 
new  government  requested  me  to  reply  to  and  statt^  the  whole  facts,  which  I  did. 


126  DAVIS    HATCH. 

■'Of  course  they  reflected  rather  severely  upon  the  moral  character  of  Mr.  Baez,  both  for 
veracity  aud  honesty.  Aud  as  a  correspoudei.t  of  the  New  York  Times,  I  was  under  the 
necessity  of  giving  a  full  account  of  the  revolution,  its  causes,  and  the  character  of  the  par- 
ties engaged  in  it.  I  did  not  spare  Mr.  Baez.  Truthful  though  the  account  was — and  that 
it  was  so  maybe  inferred  from  the  i'actthat  neither  he,  his  brothers,  nor  his  friends  attempted 
to  refute  it — he  was,  nevertheless,  greatly  exasperated  ;  as  well  at  my  success  in  obtaining 
concessions  in  the  mines  as  for  my  published  accounts  reflecting  upon  his  character  and  his 
administration ;  and  hence  his  persecution  now  when  he  happens  to  have  me  iii  his  power. 
But  however  great  the  provocation  in  an  aflfair  between  two  private  individuals,  it  forms  no 
justification  for  cruel,  cowardly,  criminal  proceediLgs  by  one  whom  the  other  has  in  his  power  : 
and  I  am  sure  our  government  will  so  regard  it  when  it  shall  come  to  know  the  whole,  re- 
gardless of  its  effect  upon  the  pending  negotiations. 

"Notwithstanding  the  length  of  this  letter,  it  would  be  incomplete  for  the  ends  in  view 
were  I  to  omit  some  facts  in  the  history  of  Mr.  Cazueau,  and  the  cause  of  my  difficulties 
with  him,  from  the  position  he  holds  as  counselor  of  Mr.  Baez,  and  the  chief  projector  and 
adviser  in  the  negotiations  with  our  government.  And  your  relations  with  him,  too,  urge 
me  to  this  step.  On  the  arrival  of  Mr.  Seward  in  San  Domingo,  January  24,  186G,  he  being 
expected,  Mr.  Cazneau  was  on  the  watch,  and  managed  to  get  him  to  his  house  before  I  or 
any  other  citizen  of  the  United  States  knew  of  his  arrival.  His  motives  in  his  cunning 
management  to  have  him  quite  to  himself  were  readily  understood.  Having  always  publicly 
vilified  and  traduced  him,  it  would  not  suit  him  to  have  any  one  else  present  in  his  conferences 
Avith  him.  As  Mr.  Seward  was  in  the  city  but  a  few  hours,  he  succeeded  in  preventing  any 
other  citizen  seeing  him.  Mr.  Cazneau  had  always  been  identified  with  the  pro-slaverj- 
party,  and,  during  the  rebellion,  out-spoken  in  his  sympathies  with  the  South,  and  at  the  same 
time  he  was  excessively  bitter  in  his  denunciations  of  Mr.  Lincoln  and  the  leading  men  oi: 
the  North.  Mistrusting  from  his  course  on  the  occasion,  he  had  been  asking  some  favor  of 
Mr.  Seward  under  false  pretenses,  and  believing  our  government  would  not  appoint  a  man 
to  office  with  such  a  record,  I  wrote  to  a  friend  m  Washington,  giving  a  history  of  his  char- 
acter and  antecedents,  his  unpopularity  with  his  (countrymen  by  his  selfish  and  mis- 
chievous course,  and  mentioned  my  fears  of  his  designs.  Fortunately  the  letter  reached 
him  in  good  time.  Mr.  Johnson  had  just  sent  in  his  nomination  as  resident  minister, 
and  the  annual  appropriations  having  already  been  made,  a  special  appropriation  was 
made  of  $7,550  for  the  mission.  My  letter  was  handed  to  ilr.  Seward,  and  he  handed  it  to 
Mr.  Sumner,  with  the  remark  that  Mr.  Cazneau  had  deceived  Ijim.  Further  inquiry  was 
made,  which  resulted  in  his  being  dropped.  That  he  should  not  have  cause  to  complain  of 
unfairness,  I  read  the  letter  to  a  then  nmtual  friend,  and  requested  him  to  acquaint  Mr.  C. 
of  its  contents,  which  he  did.  His  disappointment  aud  mi)rtification  were  greatly  aggra- 
vated by  the  prominence  given  to  the  aft'air  in  the  papers.  Although  he  was  the  aggressor 
by  his  ungenerous  and  uiigentlemauly  course  toward  me,  I  cannot  blame  him  for  availing 
of  an  opportunity  for  any  reasonable  revenge;  but  whatever  may  be  your  relations  with 
him,  I  think  you  will  agree  with  me  that  he  was  not  justified  in  the  cruel  and  cowardly 
course  he  has  instigated  and  encouraged.  If  you  should  feel  an  interest  in  learning  some- 
thing of  the  moral  character  of  Cazneau  and  Fabens,  I  would  refer  you  to  their  prospectus 
of  the  American  West  India  Company,  and  the  many  dnpes  they  made  by  it  in  New  York. 
Upon  an  investment  of  short  of  !|4,(i(IO  in  wild  lands  in  this  country,  they  represented 
they  had  property  to  the  value  of  two  millions,  the  capital  of  the  company.  They  sacrificed 
hundreds  of  lives  by  their  false  representations  ;  and  thos(!  who  escaped  with  their  lives  lost 
everything  ;  not  one  remained.  Cazneau  and  Fabens  made  snuiU  fortunes  out  of  the  opera- 
tion. If  Cazueau  is  the  more  vicious  of  the  two,  Fabens  is  the  more  dangerous  from  his 
greater  cunning  and  excessive  duplicity.  It  is  an  unpleasant  aud  an  ungrateful  task  to 
expose  the  character  of  others,  and  is  only  justifiable  in  st^lf-detcuse.  That  you  have  been 
grossly  di'c<-iv(cd  by  the  lalsc  representations  of  tiiesi^  two  men  I  have  no  doubt;  but  still  it 
lias  only  been  thmugh  the  iulhieneo  of  your  higJi  position  that  the  evil  designs  of  Mr.  Baez 
and  them  have  been  effective.  This,  togethei"  with  your  cz  parte  investigation  aud  ap- 
proval, nuikes  yrju,  in  a  great  measure,  the  chief  cause  of  jny  sufleriugs.  Notwithstanding 
all  this  it  would  be  no  saiisfaction  to  me  to  injure  you  by  a  formal  complaint  or  jtublishing 
this  letter.  Revenge  is  not  my  object.  I  liave  expressed  my  views  and  wishes  to  Genera! 
I''erry. 

"  liespeetfully,  your  obedient  K<>rvant,  ' 

"DAVIS  HATCH. 
"General  O.  K.  Bahcock, 

"  ll'ushinaton,  D.  C" 

By  Mr.  Sriii  n/  : 
Q.  Did  you  show  that  letter  to  the  President  I — A.  I  did  not.  I  told  iiim  I  lia<l  received 
such  H  letter;  I  did  not  ask  him  to  read  it.  I  told  him  I  ha<.l  received  a  very  abusive  letter 
from  Mr  Hatch.  I  waut  to  say  that,  though  he  gives  iiu-  no  address,  this  letter  was  for- 
warded, judging  from  the  postmark,  from  Havana  Ho  gave  me  no  addri'ss  whero  it  could 
be  answered.     NolwitbBlauding   that.  I   saw  the  delusion  the  man  was  laboring  under,  and 


DAVIS    HATCH.  127 

thoug:ht  1  would  write  him  a  letter.  I  even  started  in  pencil  to  write  to  him,  thinking  I 
would  brin^  it  to  Senator  Ferry,  and  ask  him  to  forward  it,  because  he  intimated  that  he 
would  not  resort  to  the  press  until  I  had  an  opportunity  to  answer  him ;  but  the  next  day,  or 
within  a  day  or  two,  I  do  not  know  the  exact  number  of  days,  I  found  a  letter  published 
in  the  New  York  World,  which  I  thought  excused  me  from  paying  any  attention  to  this 
matter.     I   have  the  article  here. 

Q.  Have  you  reason  to  suppose  that  this  was  written  by  Hatch  ? — A.  Nothing,  only  the 
statements  it  contains  in  connection  with  this  letter. 

By  the  Chairman  : 
Q.  Do  you  judge  from  the  similarity  of  the  documents? — A.  Yes,  sir. 

iBy  Mr.  Vickers  : 

Q.  What  is  the  date  of  the  article  .' — A.  I  have  not  the  date  of  the  paper  in  which  it.  appears, 
but  it  is  a  letter  from  Havana,  dated  March  26,  published  in  the  New  York  World.  It  is 
as  follows : 

"  THE    SAN   DOMINGO   PURCHASE, 

"  liick  revelations  promised  of  the  negotiations  of  Door-tender  Babcock  icith  President  Baez — 
The  Negro  President  furious. 

'■  [From  our  own  eorrespoMdent.] 

"  Havana,  March  26. 

"  To-day  there  are  two  American  ineu-of-war  in  port,  the  one  besides  the  monitor  Saugus 
being  the  steamer  Yantic,  that  arrived  here  on  Thursday.  I  learn  from  her  commanding 
officer,  Captain  Irwin,  that  the  vessel  will  be  employed  soon  in  taking  sea  soundings  from 
Batabano  to  Santiago,  and  from  that  place  to  Morant's  Bay,  Jamaica,  preparatory  to  the  lay- 
ing of  the  Cuba  and  Jamaica  submarine  telegraph  cable,  now  on  its  way  from  England. 
The  Yantic  was  last  from  San  Domingo,  and  broughthereMr.  Davis  Hatch,  of  Connecticut, 
the  American  gentleman  who  was  sentenced  by  the  Baez  government  to  be  shot,  under  the 
plea  that  he  had  furnished  aid  and  assistance  to  the  Cabral  insurgents.  The  sentence  was 
commuted  by  Baez  into  one  of  banishment,  but,  nevertheless,  Mr.  Hatch  was  kept  in 
prison  six  months  before  he  was  allowed  to  be  otf,  and  then  he  was  made  to  leave 
so  abruptly  and  quickly  that  he  was  unable  to  settle  his  business  in  San  Domingo, 
thus  suffering  extensive  pecuniary  losses.  The  whole  proceedings  against  Mr. 
Hatch — that  gentlemen  is  prepared  to  show,  and  will  show  to  the  American  Congress,  where 
his  case  is  now  under  consideration — were  most  unjustifiable  ones,  and  the  charges  made 
basely  false.  In  1663  he  obtained  from  the  Spaniards,  who  then  ruled  San  Domingo,  (and 
in  his  capacity  as  agent  of  a  New  York  company,  of  which  the  Hon.  Augustus  Schell  is 
president,)  a  concession  of  the  Neybarock  salt  mine.  When  the  Spaniards  evacuated  San 
Domingo  and  Baez  became  president  of  the  republic  for  the  third  time,  ilr.  Hatch  was 
called  upon  tohave  his  concession  renewed,  and  Baez  himself  agreed  to  the  renewal,  provided  a 
share  of  the  protits  of  the  mines  or  a  large  sum  of  money,  as  a  bribe,  was  given  him.  Mr. 
Hatch  refused  to  comply  with  either  condition,  and  the  baffled  Dominican  in  revenge  declared 
the  concession  null  and  void.  Shortly  afterward,  however,  a  revolution  broke  out  that  ended 
Baez's  third  term,  after  he  had  been  in  the  presidential  chair  less  than  six  months,  and  Cabral 
was  made  president,  who  at  once  renewed  Mr.  Hatch's  concession.  The  efforts  of  Baez  to  ob- 
tain money  for  a  renewal  were  exposed,  and  this  brought  on  a  newspapercontroversy  between 
Mr.  Hatch  and  Baez's  brother,  General  Damian  Baez,  now  private  secretary  to  Baez,  in 
which  the  cofiee-colored  Dominican  was  badly  worsted.  At  the  same  time  Mr.  Hatch,  who 
was  and  is  an  occasional  correspondent  of  the  New  York  Times,  wrote  a  long  letter  explain- 
ing and  justifying  the  deposition  of  Baez,  which  was  published  entire  in  that  journal,  and 
a  copy  sent  to  Baez  by  his  American  friend  Cazneau,  who  had  become  vexed  at  Mr.  Hatch, 
because  the  latter  had  exposed  the  jugglery  practiced  upon  the  then  American  Secretary  of 
State,  Mr.  Seward,  when  that  gentleman  visited  San  Domingo  City,  and  so  prevented 
Cazneau  from  becoming  minister  resident. 

"AH  these  things  naturally  led  the  Baez  family  to  hate  Mr.  Hatch,  and  wheu  Baez  became 
President  in  1868,  for  the  fourth  time,  he  entertained  quite  hostile  feelings  against  that  gen- 
tleman, and  was  more  than  ready  to  injure  him.  Add  to  this  that  Mr.  Hatch  clearly  saw 
through  the  swindle  attempted  to  be  perpetrated  upon  the  government  and  people  of 
the  United  States  in  the  lease  of  Samana  and  annexation  of  San  Domingo,  and  was 
publicly  known  to  be  preparing  a  memorial  to  the  American  Congress  upon  the  sub- 
ject, and  is  it  surprising  that  the  offended  Dominican  executive,  urged  on  by  Cazneau, 
his  counselor  sub  rosa,  and  by  others,  should  have  manufactured  a  case  against  Mr. 
Hatch,  in  order  to  crush  or  silence  him  ?  This  is  precisely  what  was  done.  Nothing 
less,  nothing  more.  But  Baez  dared  not  execute  the  sentence  of  death,  pronounced 
by  his  tools  that  tried  and  condemned  Mr.  Hatch,  and  so  commuted  the  sentence,  and 
then  endeavored  to  still  longer  drown  the  man's  voice  within  the  four  walls  of  a  prison 
cell.     But  in  this  he  was  finally  disappointed.     Mr.  Hatch  is  to-day  beyond  his  reach — 


128  DAVIS    HATCH. 

a  free  man,  prepared  to  do  some  plain  talking  that  will  luaUe  many  others  besides  Baea 
rave  and  swear.  One  of  President  Grant's  shoulder-strapped  attendants,  General  Babcock, 
(briofadier  by  brevet,  occasional  soldier,  occasional  secretary,  and  occasional  door-keeper  of 
the  White  House,  late  Samana-leasinp,  San  Domingo-purchasing  commissioner,)  is  one  of 
the  men  upon  whom  Mr.  Hatch  will  bear  the  more  heavily'.  His  proceedings  in  the  Sau 
Domingo  treaty  negotiations  will  not  only  be  exposed,  but  Mr.  Hatch  will  also  arraign  hiui 
to  the  bar  of  American  opinion  for  his  un-American  actions  in  his  (Hatch's)  case.  While 
in  San  Domingo,  General  Babcock  was  instructed  to  investigate  the  case,  but  instead  of 
doing  so,  he  contented  himself  with  taking  the  statements  of  the  negro  officials,  and  did  not 
see  or  hear  Mr.  Hatch  :  and  yet,  upon  this  one-sided  proceeding,  made  a  false  report 
against  the  gentleman.  Thus  he  condemned  his  own  white  countrymau,  without  allowing 
him  the  privilege  of  defense,  in  order  to  please  negroes.  Well  may  Mr.  Hatch  be  indignant 
at  such  Conduct.  But  when  this  gentleman  will  have  learned  (what  his  imprisonment  has  pre- 
vented his  learning)  that  the  actions  of  the  brevet  brigadier  were,  after  all,  in  keeping  with 
the  '  black-and-tau '  policy  of  General  Grant — a  policy  that  disfranchises  white  men  and 
elevates  negroes  to  the  American  Senate  ;  that  overlooks  the  white  man  on  most  occasions, 
and  recognizes  the  negro  as  the  man  of  the  period — perhaps  that  then  he  will  not  be  so  in- 
dignant at  the  attendant,  and  shall  call  in  the  attended  for  a  part  of  his  ire. 

"EL  CAZADOR." 

On  seeing  that  publication,  I  thought  the  gentleman  had  resorted  to  the  press,  anl  I  did 
not  feel  that  there  was  any  necessity  for  my  answering  his  letter.  Therefore  I  never  com- 
pleted the  answer  I  had  commenced,  nor  did  I  ever  speak  to  Senator  Ferry  about  the  case. 

By  Mr.  Howard  : 
Q.  Have  you  any  other  documents  which  you  desire  to  put  in  evidence  ? — A.  I  have  some 
papers  which  were  given  to  me  by  the  Secretary  of  the  Navy  to  hand  to  the  chairman  of  the 
committee,  in  reply  to  his  letter  calling  for  documents  in  that  department. 

By  Mr.  ScnuRZ : 

Q.  Do  those  letters  bear  on  this  case  ? — A.  On  Mr.  Hatch's  ca.se.  There  i  nothing  .said 
in  the  letters  in  reference  to  myself. 

Q.  You  had  better  read  them.  — A.  The  first  is  Admiral  Poor's  dispatch  of  March  12,  1870, 
as  follows  : 

'  No.  31.  ]  •'  NoKTM  Atlantic  Fi.kkt, 

"UnitI'-.d  States  Flag-siiii>  Skvkun,  (-Jd  rate,) 

"San  Domin<>o,  March  VI,  187U. 
"Sir:  I  have  the  honor  to  state  that,  in  a  rec:mt  interview  with  President  Baez,  ho  in- 
formed me  that  the  British  consul  at  Puirto  Plata.  (Mr.  Farrington,)  recently  arrived  hero, 
.*tated  to  him  that  there  was  a  party  at  that  place  inimical  to  the  policy  of  the  United  StatCH, 
in  reference  to  the  annexation  of  Sau  Domingo,  principally  composed  of  foreign  merchants 
and  consuls  ;  that  they  had  collected  a  sum  of  money  eciunl  to  eight  thousand  dollars  ($8,01)0) 
to  supply  Generals  Cabral  and  Luperon,  who  appear  to  be  predatory  in  character,  and  ready 
to  espouse  the  cause  of  any  party  that  will  pay  them,  and  afford  them  the  opportunity  o  f 
pillaging. 

"The  Naiitasket  will  be  dispatched  to  Puerto  Plata  immediately,  to  imiuire  into  the  ruth 
of  tlie  report,  and  to  inform  the  people  of  that  place,  who  entertain  hostile  feelings  toward 
the  United  States,  of  the  determination  of  our  government  to  protect  Siin  Domingo  and  its 
present  administration;  also,  to  inform  them  ol  the  naval  force  in  th<•s(^  waters,  and  its  in- 
structions to  carry  out  the  plans  of  the  United  States  government. 

"  Tiic  President  also  informed  me  that  in  consecinence  of  the  mischief  that  (Jeneral  Cabral 
and  liis  contederatc  liUpcron  wc^re  disposed  and  capable  of  doing  on  i\w  frontier,  he  was 
obliged  to  keep  (piitc  a  cotisidciaMe  for.'f  stationed  at  diifercnt  |)oints,  and  as  it  was  a  heavy 
drain  upon  the  treasury  to  snpjiort  this  force,  if  ainic.xation  was  (ii«layed,  it  would  l)e  abso- 
lutely necessary  for  liim  to  call  upon  the  Uniteil  States  government  for  pecuniary  aid. 

"During  this  interview  tlie  subject  of  the  imprisonment  of  Mr.  Hutch,  an  American  citizen, 
was  introduced.  The  explanation  for  the  continued  incarceration  of  Mr.  Hatch  was  bin 
connection  with  parti(:s  ikiid  presses  in  the.  United  .States  iiostile  to  San  Domingo,  and  that  ho 
would  exert  an  inflnence  iheie  upon  public  opinion  that  would  he  very  detiinu-ntal  to  the 
interests  of  S-.m  Domingo  with  regard  to  annexation.  1  told  him  I  thought  his  clemency 
and  prompt  acciniescenee  to  the  reipiest  of  the  Secretary  of  Slate  tor  tlie  lelease  of  the  .said 
Hatch  vould  (rxercise  a  greater  infbu!tu-e  to  his  advantage  llian  anything  that  Hatch  or  his 
friends  could  dowitii  tlie  aid  of  tlie  press  to  tiie  contiaiy.  The  Presi<ierit  consented  to  order 
Mr.  Hatch's  release  and  to  dtdiver  liiin  into  my  cnsloily.  I  will  send  hiio  iioiili  by  the  (irst 
opportunity  which  otl'ers,  after  he  is  placed  in  my  liamls. 
"  Very  respeettnll)  .  vonr  obedient  servanl. 

•C.   H.   POOR, 
^'  licur-Adiriirnl  L'onimiiiidina  ISor'h     llltinfir  f'li'i't. 
Il',n    t»Kr>i(Oi.  M.  K<*lil'.soN, 

•'  Hfcnlary  of  the  Natg,  6(c.,  Sfc,  4'''.  " 


J 


DAVIS    HATCH.  129 

Then  comes  liis  dispatch  of  Marcli  20  : 
"No,  37i]  "North  Atlantic  Fleet, 

United  States  Flag-shii'  Severn,  ('id  rate,) 

"  San  Domingo  City,  March  2U,  1870. 

"  Sir  :  I  have  the  honor  to  inform  the  department  that  the  day  after  tlie  Yantic  sailed  for 
Havana,  a  dispatch,  of  which  the  following  is  a  translation,  was  received  from  President 
Baez: 

" '  Executive  Residence, 

"  'San  Domingo,  March  18,  J 870. 

"  '  Senor  Almirante  :  In  an  official  dispatch  received  to-day  at  6  a.  m.,  the  general  del- 
egate of  the  government  in  Azua  states  that  from  the  testimony  of  eight  witnesses  that 
have  come  from  that  place,  he  learns  that  a  Haytien  commission  from  Port  Principe  had 
arrived  at  the  environs  of  Neiba,  and  had  brought  to  Cabral  a  protest  against  the  national 
"will  in  favor  of  the  annexation  of  the  country  of  the  republic  to  the  United  States,  defending 
themselves  by  force  against  the  simple  countrymen  whom  they  obliged  to  sign  against  their 
wills. 

"  'I  think  it  necessary  that  you  should  be  informed  of  this  circumstance  so  that  you  may 
communicate  it  to  the  cabinet  at  Washington,  which  should  be  advised  of  the  intrigues  car- 
ried on  by  the  Haytien  government — desperate  because  it  cannot  manifest  frankly  its  hos- 
tility by  reason  of  the  protection  accorded  by  the  United  States  government  to  this  govern- 
ment. 

"  '  You  will  understand  very  well  that  it  will  not  suffice  for  the  Haytien  government  to  dis- 
mantle its  steamers  and  restrain  its  army  from  attacking  the  Dominicans,  if  by  underhand 
measures  they  still  endeavor  to  ignore  the  national  will,  thus  violating  the  good  faith  which 
is  at  the  base  of  all  human  actions. 

"  '  The  non-intervention  of  Hayti  required  by  the  government  of  the  United  States  is  abso- 
lute and  requires  a  strict  neutrality,  which  prohibits  the  secret  intrigues  by  means  of  which 
that  State  is  endeavoring  to  give  a  severe  blow  to  our  domestic  affairs. 

"'The  government  does  not  at  present  occupy  those  frontier  places,  which  are  nearly  de- 
serted, on  account  of  the  great  difficulty  in  maintaining  there  a  well-provided  force;  but  at 
this  time  it  will  be  a  matter  of  a  few  days  to  disperse  these  bauds,  who  live  only  by  pillage 
and  are  sustained  by  that  government  which  can  make  use  of  their  depredations. 

"  '  I  hope  that  it  will  please  you  to  send  to  your  government  the  news  of  this  new  Haytien 
machination,  although  I  did  not  receive  it  in  time  to  go  forward  by  the  Yantic. 

"  'I  take  this  occasion  to  renew  to  you  my  sentiments  of  consideration  and  esteem. 

" ' BUENAVENTUARA  BAEZ. 

"  '  Rear-Admiral  Poor, 

"  '  Commanding  United  States  North  Atlantic  Fleet,  Sfc' 

"  The  Mr.  Hatch  referred  to  in  my  communication  (No.  31)  of  the  12th  instant  was  deliv- 
ered into  my  custody  by  orders  of  President  Baez  just  in  time  to  be  furnished  with  a  passage 
in  the  Yantic  to  Havana,  and  from  thence  he  will  be  sent  to  New  York. 
'■  Very  respectfully,  your  obedient  servant, 

"  C.  H.  POOR, 
'^  Rear-Admiral,  commanding  North  Atlantic  Fleet. 
"Hon.  George  M.  Robeson, 

''''Secretary  of  the  Navy,  8fc.,  Sfc.'' 

By  Mr.  Howard  : 

Q.  Who  translated  that  dispatch  of  Baez  ? — A.  This  is  Admiral  Poor's  letter  transmitting 
the  telegram.  It  may  have  been  translated  by  his  clerk  or  some  officer  of  his.  That  is  all 
Admiral  Poor  says  in  regard  to  demanding  his  release. 

Here  is  a  letter  of  Captain  Buuce,  in  answer  to  a  very  long  communication  from  Mr, 
Platch.     I  have  not  read  the  communication  of  Mr.  Hatch. 

Mr.  ScHURZ.  Let  us  have  the  whole  of  it. 

The  Witness.  The  letter  of  Captain  Bunch  to  the  Navy  Department  ? 

[187,  Letter  No.  3,  second  series.  ] 

"United  States  Steamer  Nantasket,  (4th  rate,) 

"^<  Anchor,  San   Domingo  Roads,  February  8,   1870. 
"  Sir  :  I  enclose  letters  received  by  me   from  a  Mr.  Davis  Hatch,  in  confinement  at  Azua, 
numbered  1,  together  with  a  copy  of  my  answer,  numbered  2. 

"  Immediately  on  my  return  to  this  port  I  called  upon  Mr.  Perry  to  ascertain  the  facts  of 
the  case,  and  found  him  in  receipt  of  instructions  from  the  State   Department  in  relation  to 
the  case,  by  the  mail  of  the  same  day,  per  Tybee. 
"  Very  respectfully,  your  obedient  servant, 

"FRANCIS  M.  BUNCE, 
"  Lieutenant  Commander,   Commanding. 
"  Hon.  George  M.  Roreson,  , 

"  Secretary  of  the  Navy,  Navy  Department,  Ji'ashington,   D.  C." 

S.  Eep,  234 9 


130  DAVIS    HATCH. 

The  inclosures  are  as  follo'^'s  : 

No.  1. 

"  AZUA,  January  27,  1 870. 

"  Sir:  As  a  citizen  of  the  United  States,  unjustly  and  illegally  held  here  a  prisoner  since 
the  28th  of  xVugust,  I  beg  and  implore  jour  assistance  in  obtaining  my  release  and  permis- 
sion to  leave  the  country,  according  to  a  decree  of  this  government  of  the  Jth  of  October, 
commuting  the  sentence  passed  upon  me  to  banishment. 

"  In  looking  over  the  diplomatic  correspondence  of  our  State  Department  for  some  years, 
which  I  happened  to  find  here,  I  find  a  multitude  of  cases  where  different  governments  com 
muted  various  sentences  to  banisiiment,  in  every  one  of  which  the  release  was  immediate. 
An  explanation  of  the  universal  practice  with  other  governments,  and  a  simple  request  from 
you  to  Mr.  Baez,  would,  I  am  sure,  effect  my  release  on  those  conditions.  I,  therefore, 
pray  you  to  use  your  good  offices  in  behalf  of  a  fellow-countryman  who  has  suffered  quite 
too  much  and  too  long  already. 

"  This  protracted  confinement  and  suspense,  knowing  nothing  of  the  reasons  for  detaining 
me,  or  what  I  am  to  expect,  is  far  more  trying  to  my  mind  and  my  health  than  though  I 
■was  guilty  of  the  charges  brought  against  me  of  complicity  in  the  government  of  Mr.  Baez. 
I  have  suffered  much  of  late  from  a  complaint  which  threatens  to  become  chronic.  I,  there- 
fore, most  earnestly  beg  and  entreat  of  you  not  to  go  away  and  leave  me  here  to  suffer 
longer. 

"  If  you  could  favor  me  with  an  interview,  I  am  persuaded  I  corrld  convince  you  of  my 
entire  innocence  of  any  act  or  deed  against  the  government,  and  that  I  am  not  unworthy  of 
your  confidence  and  assistance,  whatever  you  may  have  heard  in  the  city  to  the  contrary 
notwithstanding.  "One  side  of  a  story  is  always  good  until  tlie  other  is  told."  If  you 
have  heard  anything  in  the  city  attempting  to  justify  the  government  in  the  proceedings 
which  have  been  had  against  me,  or  in  still  holding  me  a  prisoner,  I  the  more  earnestly 
entreat  of  you  to  grant  me  the  interview  and  hear  something  from  me  in  my  defense. 

"Hoping  you  will  grant  me  the  interview  asked,  and  referring  you  to  a  hasty  and  rough 
account  of  my  position  in  Barahona  previous  to  ray  arrest,  and  again  praying  your  inter- 
cession for  me,  I  remain  your  afflicted  countryman, 

"  DAVIS  HATCH. 

"  P.  S. — I  wrote  Mr.  Perry  four  letters  immediately  after  his  arrival,  last  dated  6th  Decem- 
ber, neither  of  which  has  been  answered.  His  predecessor  wrote  me,  as  he  was  leaving,  that 
he  had  explained  my  situation  to  Mr.  Perry,  and  that  he  promised  him  lie  would  protect 
me,  and  advised  me  to  write  him  the  same  as  I  had  done  to  him.  I  tlierefore  wrote  him 
frankly  and  confidingly.  This  is  one  of  the  many  mysteries  in  wiiich  my  situation  seems 
to  be  involved. 

"  D.  H. 

"  The  Captain  of  the  United  States  ship  Nantaskct,  Azua.'" 

In  this  letter  is  the  following  inclosed: 

"  Even  though  I  were  guilty  of  the  charges  of  complicity  in  the  affairs  of  the  government, 
lam  quite  sure  when  you  shall  come  to  hear  of  tha  ex  parte  and  inquisitorial  character  of 
the  trial,  the  deception  practiced  on  me,  and  indecent  haste  witii  wliich  it  was  proceeded 
with  after  tlie  accusations  were  presented  to  me,  that  I  might  not  be  prepared  to  defen<l  my- 
self, giving  me  only  forfy-eiglit  hours  after  I  knew  whereof  I  was  accused,  and  knowing 
nothing  of  wlio  tlie  witnesses  against  me  were,  or  of  wliat  they  liad  testified,  until  the  trial 
began  ;  refusing  pcrenqitorily,with(iut  assigning  any  cause,  my  petitition  for  time  to  summons 
witnesses  in  my  defense,  and  to  send  to  tiie  city  for  importunt  pai)ers ;  I  am  sure  yon  will 
not  hesitate  a  moment  to  intercede  for  my  release.  'J'lie  government  took  nine  days  to  pro- 
pare  tlic  accusations ;  took  the  declarations  secretly  of  four  persons  in  prison,  witli  irons 
upon  their  feet,  one  of  wliom  was  sentenced  the  day  after  lie  gave  his  evidence,  and  exe- 
cuted before  the  trial  came  on  ;  and  the  other  three  set  at  liberty  without  trial  a  few  day.s 
after  giving  their  evidence,  although  they  had  been  taken  with  arms  in  their  hniids,  and  suli- 
ject  to  the  like  jienally  if  tried.  Although  ii  copy  of  tin-  charges  pieferied  against  me  was 
handed  me  forty-eight  hours  before  the  tiial,  no  intimation  was  givei'i  me  when  it  would 
take  place,  and  I  only  learned  by  accident  on  the  afternoon  of  Thursday,  September  :30, 
that  it  was  to  take  ])lace  the  next  morning,  commencing  at  Id  o'clock,  ami  to  continue  iu 
fCFsion  until  concluded.  I  jutitioned  immediately  for  a  jiostponenient,  as  before  stated,  and 
being  refused,  I  protested  again.^t  its  being  proceeded  with  when  I  appeannl  in  court,  Imt  to 
no  effect.  1  saw  at  once  tliat  furlher  e(1iirt  was  us(>!ess  ;  that  the  whole  affair  had  been 
arranged,  and  the  sentence  agiecl  iqion  heloichand.  linleed,  I  was  told  b}'  several  iier- 
sons  on  the  morning  before  tlu'  trial  what  llie  sentence  would  be,  but  lo  liave  no  fear  what- 
ever, for  tliey  knew  I  would  be  pardoned.  The  sentence  was  given  at  2  o'clock  on  the  night 
of  the  1st  of  October,  and  commuted  by  the  government,  in  tiie  city,  on  the  4tli,  to  banish- 
ment. 

"A  few  hours  after  the  conclusion  of  the  trial  I  liad  an  interview  with  the  governor,  and 
took  the  opportunity  to  repeat  to  him  wliat  I  hud  declare  d  in  a  former  interview,  my  entire 


DAVIS    HATCH.  131 

innocence,  and  added  that  the  whole  proceed ings  had  been  ex  parte,  irregular,  illecfal,  and 
conducted  with  indecent  haste;  that  the  law,  if  such  it  could  be  called,  was  ex  post  fticto, 
and  an  attempted  invasion  of  the  restraints  of  international  law,  which  my  government 
would  not  tolerate  when  they  should  come  to  revise  the  record.  It  seems  to  me  now  that  it 
is  a  consciousness  of  wrong-doing  and  its  consequences  that  induces  tiiem  to  keep  me  shut 
up  here  as  long  as  possible,  that  I  may  not  have  the  opportunity  to  lay  my  case  before  our 
government ;  and  I  am  encouraged  in  this  view  of  the  case  by  the  fact  that  they  decided  to 
hold  me  longer  after  the  change  iu  the  representation  of  our  government  in  St.  Domingo. 
Of  this  latter  fact  the  evidence  is  too  clear  to  admit  of  doubt.  Why  it  should  be  so  I  know 
not. 

"My  difficulty  with  Mr.  Baez  was  entirely  a  personal  matter,  having  occurred  while  he 
was  out  of  otiico  and  out  of  the  country,  in  which  I  was  not  the  aggressor,  but  aggrieved 

i)arty.  And  this  having  been  fully  arranged  in  a  jiersonal  interview  after  his  return,  I  had 
lOped  he  would  not  think  more  of  it. 

"  i]ut  the  testimony  of  the  four  witnesses,  though  taken  while  under  duress,  and  though  in- 
duced by  the  hope  of  favor  to  go  as  far  as  possible  to  implicate  me,  seeing  the  designs  of  the 
fiscal  or  prosecutor  amounted  to  nothing  more  than  I  gave  in  my  own  declaration,  which  was  the 
occupation  of  my  house  by  some  of  the  otficers  of  the  Cabral  party  for  a  short  time,  and  some 
operations  which  they  carried  on  iu  the  yard  a  short  time  without  my  permission,  but 
which  I  stopped  by  making  a  breach  between  the  two  chiefs.  Both  parties,  however,  have 
always  enjoyed  equal  privileges  and  secured  equal  attentions  iu  my  house,  when  first  tak- 
ing possession  of  the  town,  until  they  could  make  permanent  arrangements  elsewhere.  As 
I  had  to  look  to  whatever  authority  was  in  possession  for  protection,  I  was  in  duty  bound  to 
respect  them  and  treat  them  with  courtesy.  When  the  revolution  broke  out  there  in  Novem- 
ber, lrfU7,  against  the  government  of  Cabral,  I  pursued  the  same  course,  which  was  after- 
ward gratefully  acknowledged  by  General  Ramirez  Baez,  in  a  letter  to  the  President,  dated 
June,  J8t38,  a  copy  of  which  is  in  the  archives  of  the  commercial  agency,  and  I  have 
another  with  my  papers  in  St.  Domingo.  I  have  rendered  much  greater  and  more  important 
services  to  the  I3aez  party  than  the  other  ;  not,  however,  for  any  partiality  I  felt  toward 
them,  but  in  consequence  of  their  necessities.  Tlierefore,  to  cliarge  me  now  with  having 
favored  the  revoluiiouaiy  party  to  the  injury  of  the  government  is  ungrateful,  to  say  the 
least.  I  have  known  Barahona  to  be  occupied  by  first  one  party  and  then  the  other  three  or 
four  times  in  one  month.  In  four  years'  time  I  have  seen  six  successive  revolutions  and 
changes  of  the  government  of  the  country.  In  all  the  changes  ^vhich  have  heretofore 
taken  place,  I  have  had  the  respect  aud  confidence  of  all,  until  Baraiiona,  after  a  lapse  of 
more  than  three  months,  was  reoccupied  by  the  government  army  under  command  of  Gen- 
eral Garcia,  on  the  "i^ith  of  August.  He,  too,  occupied  my  house  with  his  staff,  by  invita- 
tion, and  was  treated  with  marked  courtesy.  An  hour  or  two  after  he  arrived  at  my  house 
he  went  out  with  the  chief  otficers  of  his  staff,  without  putting  any  guard  in  charge,  or 
leaving  any  orders,  not  apprehending  any  mischief;  but  as  soon  as  he  was  well  out  of 
sight,  some  forty  or  fifty  of  his  men,  with  some  subordinate  officers,  rushed  into  the  house 
and  broke  open  the  store,  under  the  same  roof,  and  carried  off  every  article  of  merchandise, 
with  other  valuables,  and  then  some  of  them  rushed  to  my  room  and  carried  off  a  portion 
of  my  wardrobe;  and  had  not  General  Garcia,  who  had  heard  of  the  j)iUage  from  my  clerk, 
who  ran  to  tell  him  as  soon  as  the  pillage  commenced,  returned  iu  time,  I  should  not  have 
had  an  article  of  clothing  left.  Although  he  caught  quite  a  number  iu  the  yard  with  plundur 
in  their  possession,  he  seemed  to  be  so  appalled  at  tiio  number,  includiug  some  officers, 
engaged  in  the  plunder,  that  he  was  afraid  to  do  more  than  make  a  severe  reprimand,  threat- 
ening siunraary  punishment  if  repeated.  After  order  had  been  restored,  he  came  to  me  aud 
expressed  his  great  regret  at  what  had  occurred,  and  added  that  they  were  the  most  villain- 
ous and  ungoverable  set  of  men  he  iiad  ever  had  to  do  with,  and  rf  he  i)unished  one  he  must 
punish  all,  including  some  of  his  officers.  Other  houses  iu  town  suffered  some,  but  as  I 
was  the  only  one  who  happened  to  have  a  stock  on  hand,  I  was  the  principal  sufferer. 
General  Garcia  left  with  his  army  the  next  day  (15th)  and  returned  on  the  17th,  and  on 
arriving  in  town,  and  hearing  that  a  small  band  of  the  levolutionary  party  was  in  the 
neighborhood,  he,  with  what  mounted  force  he  had,  started  in  pursuit.  As  soon  as  they 
were  well  out  of  sight,  a  portion  of  the  troops  niade  a  rush  for  my  house,  which  was  locked, 
(everything  necessary  for  house-keeping  having  been  taken  awa}-,  and  my  clerk  having  been 
sent  away,  did  not  think  it  prudent  to  sleep  in  the  bouse  after  what  had  occurred  ;  I  took  my 
meals  and  slept  at  a  neighbor's  opposite,)  broke  open  the  rear  doors  and  carried  off  what 
little  of  merchandise  had  been  recovered  on  the  J4th,  aud  also  about  1,500  pounds  of  wax, 
and  every  article  the  house  contained  that  they  thought  worth  taking  away.  General  Gar- 
cia returned  after  half  an  hour,  and  hearing  what  had  taken  place,  came  imnudiafely 
to  me,  and  said  he  was  nuich  pained  and  mortified  at  the  conduct  of  his  men;  that  he  had 
given  orders  before  entering  the  town  to  respect  all  private  projierty,  and  said  he  was  deter- 
mined to  make  a  thorough  investigation  into  the  affair.  The  troops  were  arranged  around 
the  square,  and  after  a  little  while  the  ringleader  who  broke  open  the  house  was  discovered 
aud  shot  immediately.  Order  was  restored  at  once.  After  the  execution,  General  Garcia 
came  to  me  and  said  he  hoped  that  the  steps  that  he  had  been  forced  to  take  to  restore  disci- 
pline would  satisfy  me ;  that  he  was  not  one  who  would  tolerate  such  conduct  in  men  under 


132  DAVIS    HATCH. 

his  command.  I  replied  I  had  already  known  enough  of  his  standing  and  character  to 
think  otherwise. 

"No  satisfaction,  or  even  regret,  has  been  expressed  by  any  member  of  the  government  for 
thefre  outrages,  and  all  my  papers  being  in  the  city,  I  cannot  lay  the  matter  before  our  gov- 
ernment until  I  am  at  liberty.  1  do  not,  of  course,  make  this  statement  to  you  expecting 
you  to  take  any  action  in  the  premises  ;  but  for  your  own  private  information,  and  to  show 
what  I  have  suffered  in  person  and  property,  and  still  unjustly  and  cruelly  held  here  when  I 
cannot  lay  my  complaint  before  my  government.  It  is  but  a  too  truthful  account  of  what  I 
have  had  to  pass  through. 

"  I  pray  you  excuse  the  liberty." 

Translation.] 

"AzuA,  November  7,  1869. 

"At  the  solicitation  of  Mr.  Davis  Hatch  I  have  much  pleasure  in  certifying  that  I  have 
known  him  iniimately  during  his  residence  in  Earahona,  and  that  he  has  never  taken  any 
part  in  political  questions,  nor  mixed  in  any  way  in  the  aifairs  of  the  country.  He  has  always 
been  on  the  best  of  terms  with  all  the  authorities,  and  through  them  has  rendered  important 
services  to  the  present  government.  And  he  has  always  been  on  good  terms  with  all  the 
people  of  Barahona  and  those  of  other  towns  in  that  section  ;  and,  in  consequence  of  the  re- 
spect all  felt  toward  him, -nearly  all  the  people  of  Barahona  have  been  accustomed  to  take 
their  effects  to  his  house,  and  as  many  as  could  sleep  there  when  there  was  no  authority  in 
town  or  troops  to  protect  them,  and  there  was  apprehension  of  pillage  by  people  from  other 
towns  ;  and  no  one  ever  molested  him  or  any  one  in  his  house  until  the  arrival  of  the  govern- 
ment army,  under  command  of  General  Garcia,  on  the  I4th  of  August. 

"When  the  troops  of  the  revolutionary  party  took  possession  of  the  town  some  of  the  offi- 
cers went  to  his  house,  according  to  a  custom  for  some  years  past,  when  the  town  has  been 
occupied  by  our  authorities,  until  they  could  make  permanent  arrangements  elsewhere.  This 
has  been  in  consequence  of  the  extra  size  and  convenience  of  his  house,  and  of  its  central 
position  in  front  of  the  square.  General  Garcia  likewise  occirpied  it  with  all  his  staff  >vheu 
he  took  possession  of  the  town  in  August." 

"The  forcging  certificate,  the  original  of  which  I  have  in  Spanish,  was  given  me  by  the 
alcalde  of  Barahona,  and  subsequently  confirmed  by  the  signatures  of  three  other  residents  of 
Barahona.  As  the  whole  four  are  strong  partisans  of  Mr.  Baez,  tiieir  motives  would  not  be 
called  in  question.  I  doubt  if  there  is  one  man  from  that  district  who  would  not  have  signed 
it  if  asked. 

"  From  the  first  of  my  residence  in  Barahona  to  the  ]4th  of  August  last,  my  house  has  been 
a  sort  of  asylum  for  all  parties  with  their  valuables.  If  I  had  taken  any  side  in  the  politics 
of  the  country,  they  would  not  have  felt  secure  there  during  all  the  changes  which  have  taken 
place  there  in  that  time." 


No.  2. 


"United  States  Steamer  Nantasket, 

"yl:Mrt,  February  1,  1H70. 

"Sir  :  I  am  in  receipt  of  your  letter  of  the  27th  ultimo,  and  at  once  called  upon  the  attor- 
ney gi'ueral  for  an  explanation  of  your  case. 

"He  informs  me  that  you  were  found  guilty  of  conspiracies  against  the  government,  and 
that  your  case  has  been  considered  by  the  representatives  of  the  Slate  Deiiariment  of  the 
United  States;  that  I  can  jiscertain  from  the  conunercial  agent,  Mr.  Berry,  at  Sun  Domingo, 
fill  particulars,  and  the  action  taken  by  him  and  the  United  States  commissioners  in  the  af- 
fair during  their  last  visit  to  the  island. 

"The  attorney  general  assures  mo  that  you  will  be  released  soon,  and,  in  the  meantime 
that  your  coMfincnient  is  of  the  most  lenient  description,  which  is  corroborated  by  the  officer 
of  this  shij),  wlio  called  to  see  you. 

"  I  expect  to  be  in  San  Domingo  in  a  day  or  two,  and  shall  make  it  my  first  business  to  in- 
quire into  the  facts  of  the  cast!,  and  shall  do  for  you  wliat  I  can.  Still  1  must  remark,  in 
reply  to  a  largt;  jiortion  of  your  conMuunication,  that  your  being  an  American  citizen  doo.s 
not  sliii-ld  you  from  the  conse((uences  of  any  act  you  may  have  connnitted  against  the  law  of 
San  Domingo,  in  uiiich  countiy  you  chose  to  take  your  residence,  and  by  so  doing  rendered 
oursolf  am(;nabl(^  to  its  hiws. 

"  1  am  your  obedient  servant, 

"FRANCIS  M.  nUNCE, 
"  lAcittcnanl  Coinmantkr  U.  S,  Nary,  Coiiimutiding  U.  S.  S.  NaiUiistcct. 

"Mr.  Davis  Hai(  ii,  Azua." 

By  Mr.  Howaud  : 

Q.  Mr.  Williams  put  a  (pieslifin  wiiicli  has  not  yet  been  fully  answered.  1  should  like 
to  hear  anytiiing  else  you  have  to  say  about  it. — A.  I  fully  answered  it,  in  one  sense.  Mr. 
Williams  asked   me  if  I  had    had  conversations  with  Mr.  Terry  on  his  return,  and  if 


DAVIS    HATCH.  133 

tlic  interviews  were  pleasant,  &c.  I  want  to  say  that  I  ha']  two  interviews  with  Mr.  Perry. 
He  came  to  the  Executive  Mansion  a  second  time.  I  cio  not  know  exactly  how  many  days 
after  he  came  back  he  called  at  my  residence,  and  then  came  down  to  the  Executive  Mansion, 
and  I  met  him  at  the  head  of  the  stairway,  and  we  stood  in  the  window  and  had  a  little  chat. 
He  came  and  told  me  he  was  fijoiu<T  uroun:!  to  see  si-nators,  and  do  all  he  could  for  the 
treaty,  as  I  understood  him;  and  he  told  me  he  had  been  to  see  Senator  Sumner  and  Senator 
Anthony,  and  had  hail  a  low^  talk  witli  them.  1  referred  to  the  fact  tliat  Senator  Sumner 
had  said  there  would  be  a  war  down  there,  and  lie  said  he  hiid  told  tiio  senator  that  with  a 
hundred  men  he  could  put  it  down.  Then  lie  told  me  that  he  liad  been  to  see  Senator  Ferry, 
and  he  said  that  Senator  Ferry  was  very  much  opposed  to  the  annexation  treaty ;  that  it  was  . 
a  job,  or  some  such  expression  as  that,  and  accused  himof  being  connected  with  it.  Said  he: 
"  He  accuses  you,"  and  I  told  him  "he  ouf^ht  to  have  pretty  good  proof  if  he  was  f^oing  to  ac- 
cuse men  in  that  way,"  or  some  such  expression,  leaving  me  to  suppose  that  he  had  said  to  Sen- 
ator Ferry,  substantially,  "You  ought  not  to  make  such  charges  unless  you  have  got  the  )iroof;" 
and  he  said  that  Senator  Ferry  had  told  him  that  he  bad  promise  of  it  in  writing.  I  said  to  him, 
"I  am  very  glad  if  he  is  going  to  produce  any  proof  in  writing,  because  I  have  been 
accused  in  the  newspapers  in  this  way  for  months,  and  I  have  yet  to  see  any  proof  in  writ- 
ing." I  think  I  explained  to  him,  though  I  should  not  like  to  swear  that  I  did,  that  I 
thought  Senator  Ferry  was  particularly  opposed  to  this.  I  said  that  in  the  first  place  lie 
was  opposed  to  it,  and  had  made  the  statement,  when  the  treaty  was  presented  to  the  Senate, 
that  if  President  Grant  had  used  any  money  in  negotiating  the  treaty  he  did  it  without  law. 
It  was  an  accusation  against  President  Grant.  My  impression  is  that  I  explained  to  him  that 
this  money  was  a  contingent  fund  of  some  kind.  I  do  not  say  positively  that  I  said  so  to 
him,  but  I  think  I  said  it  to  him.  He  asked  me  whom  he  should  go  to  see,  and  I  made  the 
remark  to  him,  "  You  have  been  to  see  the  enemies  of  annexation."  Said  he  :  "  They  can- 
n«t  get  anything  from  me  that  will  be  of  use  against  the  treaty."  I  told  him,  "Very  well, 
go  and  see  them  all."  He  said  ho  would  see  General  Butler  and  General  Banks,  and  others  ; 
and  lie  told  me  that  he  had  seen  some  persons  whom  the  President  had  requested  him  to  see. 
At  this  interview  I  had  every  reason  to  believe  that  Mr.  Perry  was  doing  all  he  could  in 
favor  of  annexation,  and  we  separated  perfectly  good  friends.  I  asked  him  again  to  give  me 
notes  that  I  might  use,  as  he  was  passing  down  the  stairs,  or  something  to  that  effect.  I 
afterward  went  down  to  the  hotel  and  called  on  him,  supposing  there  were  perfectly  good 
and  friendly  relations  between  us.  Soon  after  a  gentleman  from  New  York,  by  the  name  of 
Howe,  came  to  mo  and  said  :  "  Do  you  know  this  gentleman.  Perry?"  I  told  him  that  I 
knew  him,  that  ho  had  been  down  to  San  Domingo,  and  was  a  very  clever  man.  Then  he 
said:  "Well,  he  is  hurting  this  treaty."  I  replied,  "I  guess  not.  He  is  in  favor  of  the 
treaty;  he  tells  me  so;  he  tells  me  the  majority  of  the  people  down  there  are  in  favor  of  it, 
though  he  says  there  have  been  some  irregularities;  but  the  treaty  prevents  concessions 
being  carried  out,  and  they  will  be  null  and  void  if  made."  Mr.  Howe  got  his  information 
from  Mr.  Ben  Perley  Poore. 

By  Mr.  Williams  : 

Q.  Did  you  discover,  in  that  interview  with  Mr.  Howe,  or  suppose  you  discovered,  that 
Mr.  Perry  was  on  the  other  side  ? — A.  The  intimations  of  two  or  three  friends  of  mine,  in  this 
way,  led  me  to  suppose  he  was  unfriendly  to  the  treaty,  and  unfriendly  toward  mo  per- 
sonally. 

By  Mr.  Vickers  : 

Q.  But  you  did  not  get  that  impression  from  any  interview  or  conversation  you  Lad  ever 
had  with  Mr.  Perry  ? — A.  No.  I  called  on  Mr.  Porry  afterward  at  the  hotel — left  my  card. 
I  called  twice,  in  fact,  during  the  evening.  The  second  time  I  left  a  card  with  a  memoran- 
dum on  it  that  1  wanted  him  to  come  to  the  White  House  and  see  me.  He  did  not  come ;  and 
then  I  wrote  a  note  stating  that  he  had  not  complied  with  my  request,  and  asking  him  to 
come  up  and  talk  with  me.  Up  to  that  time  I  had  no  reason  to  suppose  that  Mr.  Perry  had 
asy  unfriendly  feelings  toward  me. 

By  Mr.  Williams  : 

Q.  There  is  a  paragraph  in  Mr.  Hatch's  letter  to  which  I  would  call  your  attention  : 
"  These  were  the  words,  and  these  reflections  lead  me  to  inquire  what  object  you  had  in  view 
in  the  questions  you  put  to  Mr.  Smith,  in  the  month  of  August,  as  to  my  character  and 
standing,  and  as  to  the  validity  of  the  grants  I  have  in  the  salt  mines  at  Ncyba." — A.  I 
simpty  asked  that  question  as  to  the  nature  of  the  concession.  I  had  a  list  of  the  conces- 
sions that  had  been  furnished  to  the  State  Department  previously  to  my  going  down  there, 
and  I  was  making  inquiries  with  reference  to  what  they  were,  to  get  as  much  information  as 
I  could. 

Q.  So  as  to  ascertain  whether  they  were  good  against  the  government  of  the  United 
States  ? — A.  To  ascertain  if  the  titles  were  good  and  what  kind  of  people  were  holding  them. 

By  Mr.  SciiURZ : 
Q.  When  did  Colonel  Fabens  arrive  here  as  plenipotentiary  of  the  Dominican  Republic  7 
Do  you  remember  ? — A.  I  do  not  remember  the  date. 


134  DAVIS    HATCH. 

Q.  Did  be  call  upon  you  immediately  after  his  arrival  ? — A.  I  think  he  did  ;  I  cannot 
say,  however.     I  know  he  came  very  soon  after  his  arrival. 

Q.  Did  you  introduce  hiin  to  the  President  then  ? — A.  I  think  he  had  an  interview  with 
the  President.     An  introduction  was  not  necessary — the  President  had  met  him  before. 

Q.  Had  he  any  interview  witli  the  President  at  that  time  ? — A.  I  think  he  had. 

Q.  Did  he  call  upon  the  Secretary  of  State  afterward  ? — A.  I  cannot  say.  I  suppose  he 
did  ;  but  I  do  not  know.     That  is  my  impression  ;    but  I  do  not  know  the  fact. 

Q.  Do  you  know  whether  he  had  seen  the  Secretary  of  State  before  that  ? — A.  I  do  not 
know.  I  think  he  saw  the  President  once.  My  impression  now  is  that  he  told  uie  he  had 
not  been  to  the  State  Department. 

Q.  You  are  in  constant  comaiunication  with  the  President  ? — A.  Yes,  sir. 

Q.  You  have  spoken  with  him  very  frequently  about  the  San  Domingo  affair  ? — A.  Yes, 
sir.     I  have  all  throug'h  been  trying  to  act  in  accordance  with  his  wishes  and  views. 

Q.  Did  you  frequently  speak  with  the  President  about  the  Hatch  atiair  ? — A.  Not  a 
great  many  times. 

Q.  Did  you  speak  with  him  several  times  about  it? — A.  I  think  the  subject  was  men- 
tioned two  or  three  times — I  should  not  like  to  say  how  many  times. 

Mr.  ScnURZ.  I  do  not  want  to  go  into  the  President's  confidential  relations  ;  but  I  am 
coming  to  another  point. 

The  Witness.  I  think  I  may  say,  without  any  breach  of  confidence,  that  the  first  time  I 
ever  spoke  to  him  about  it  was  after  my  return  from  my  first  visit,  when  the  papers  which 
I  have  produced  here  from  Captain  Qneen  were  brought  there  one  day  to  the  Cabinet  meet- 
ing by  the  Secretary  of  the  Navy,  and  he,  knowing  that  I  had  been  in  connection  with  the 
matter  of  the  Telegrafo,  called  my  attention  to  them. 

Q.  Do  you  know  of  any  gentlemen  actively  connected  with  this  San  Domingo  business, 
the  annexation  treaty,  except  Mr.  Fabens  and  yourself,  who  called  upon  the  President  / 

The  Witness.  What  do  you  mean  by  actively  connected  ? 

Mr.  ScHURZ.  I  mean  those  who  have  taken  a  part  in  the  negotiations  and  have  felt  a 
personal  interest  in  the  matter. 

A.  I  have  reason  to  suppose  that  there  are  a  number  of  gentlemen  in  New  York  inter- 
ested on  the  island,  but  not  in  connectioii  with  the  negotiations  at  all.  There  was  one  gen- 
tleman, Mr.  Coen,  who  was  interested  and  was  here  some  time,  a  citizen  of  San  Domingo. 
Young  Mr.  Soule,  of  our  navy,  came  up  at  one  time  with  a  power  to  ratify  the  treaty,  if 
confirmed. 

Q.  Was  not  Mr.  Coen  a  diplomatic  agent  of  the  Dominican  government  ? — A.  I  under- 
stood him  to  be  so  ;  but  I  never  saw  his  papers.  Mr.  Soule  so  introduced  him  to  uie.  I 
saw  him  often  here.  I  had  met  him  in  the  city  of  San  Domingo,  he  being  a  merchant 
there. 

Q.  It  is  likely,  then,  that  the  President  received  his  impressions  about  the  Hatch  case 
from  those  gentlemen  ? — A.  I  cannot  say  where  the  President  got  his  impressions. 

Q.  You  said  that  the  President  expressed  surprise  at  the  fact  of  Mr.  Hatch  having  been 
released  by  order  of  the  State  Department? — A.  I  did  not  say  that.  I  said  that  the  order  for 
tlie  release  of  Mr.  Hatch  went  without  the  knowledge  of  the  President,  and  that  he  was  dis- 

{)leased  at  tliat.  Tliat  was  what  I  said.  I  did  not  say  that  he  made  any  objection  to  the  re- 
ease  of  Mr.  Hatch. 
By  Mr.  Ferry  : 
Q.  Do  you  say  that  ho  was  displeased  at  the  order  going  ? — A.  At  the  order  going  with- 
out his  knowledge.  I  think  I  did  wrong  the  other  night  in  relating  tliat  portion  of  a  private 
conversation  witli  the.  President,  and  I  mentioned  it  only  to  explain  why  1  had  asked  certain 
questions  of  Mr.  Perry. 

By  the  Ciiairm.\n  : 

Q.  You  did  not    mean  to   say  that   tlio  President  was  displeased   at   the    release  of  Mr. 
Hatch? — A.  No;    I  did  not  mean  to  say  that  he  was  displeased  at  tlio  release  of  Hatch; 
but  was  displeased  tliat  an  order  liad  been  sent  for  sucii  a  tiling  witiiout  his  knowledge. 
By 'Mr.  SciU'RZ: 

Q.  You  did  say  that  you  had  exjiressed  to  the  President  your  opinion  that  Mr.  Hatch  wa.s 
guilty  7 — A.   I  did  ;   that  he  was  guilty  of  what  he  was  accused  of  by  tliose  people. 

Q.  Wliat  led  ytiii  to  believe  that  Hatch  was  guilty? — A.  The  only  thing  that  led  mo  to 
believe  it  pusitively  was  the  report  of  Captain  Queen.  The  other  matter  was  not  in  the  form 
of  ])root,  in  my  mind. 

By  tlie  Chairman  : 

Q.  You  refer  now  tn  tlie  clfHranee  of  that  ship? — A.  Yes,  sir;  tlie  evideiice  that  he  liad 
cleared  a  vessel  wliidi  our  (,''iivcrnirient  regarded  as  ,'i  pirate,  ami  tliat  guveniinenl  repnrlcil 
as  a  rebel  vessel,  and  which  I  knew  had  iired  into  those  towns,  as  Mr.  Horaii  stated.  'J'ho 
fact  that  an  American  citizrii,  in  a  port  at  San  Domingo,  not  a  jiort  of  entry  of  the  Domini- 
can government,  had  given  a  vssel  like  that  a  clearance,  I  lliought  was  a  violation  of  the 
laws  of  the  country,  and  I  made  a  remark  like  this:  'J'iiat  if  an  Knglishman  luid  cleart^d  a 
rebel  vessel  from  (joTiriecticnt,  during  otu'  war,  from  a  place  not  a  port  of  entry,  I  thought 
Le  would  not  have  been  rek-ased  when  demanded. 


DAVIS    HATCH.  135 

By  Mr   Schurz : 

Q.  Did  you  iu  any  way  study  the  Hatch  case,  or  inqiuro  into  the  particulars  of  it,  while 
in  San  Domin<To  ?  —  A.  Not  to  make  it  any  particular  study. 

Q.  Was  it  your  impression  that  Mr.  Hatch  was  f^uilty  of  a  general  character  ? — A.  It  was, 
up  to  this  evidence  that  I  speak  of.     This  is  specific  evidence. 

Q.  Are  you  not  aware  tliat  the  clearinp^  of  that  vessel  does  not  appear  in  the  proceedings 
against  Mr.  Hatch  at  all  ? — A.  I  do  not  know  anything  about  that.  I  did  not  know  then 
whether  he  had  cleared  it  or  not.  I  did  not  know  of  that  before.  I  have  read  that  record, 
to  which  I  suppose  you  refer,  and  I  know  now  that  that  circumstance  does  not  appear  there. 
I  mean  to  say,  that  up  to  the  time  I  read  it  the  other  day,  I  did  not  know  whether  that  was 
in  it  or  not — I  did  not  know  whether  they  had  the  evidence  or  not. 

Q.  Did  any  member  of  the  Dominican  government  speak  to  you  about  the  Hatch  case? — 
A.  As  I  stated  before,  the  subject  was  once  or  twice  alluded  to  when  I  was  down  there  in 
the  first  place.  I  do  not  remember  that  any  of  the  officials  spoke  to  me  about  the  case  when 
I  was  there  the  last  time.  I  can  recall  that  the  first  time  they  did.  As  I  said,  the  matter 
was  first  referred  to  when  the  Danish  bark  Roto  came  in  as  a  prize,  and  they  said  had  been 
consigned  to  this  gentleman  namrtd  Hatch,  and  then  afterward  I  heard  him  mentioned  in 
the  interview  between  President  Baez  and  Mr.  Smith, 

June  14,  1870— 7^  o'clock,  p.  m. 
O.  E.  Babcock's  examination  continued. 

By  Mr.  Howard  : 
Question.  I  called  before  for  the  production  of  a  letter  to  you   from  Mr.   Cazneau,  dated 
February  19,  1870.     Have  you  that  letter  with  you? — Answer.  I  have. 
Q.  Please  read  it. — A.   It  is  as  follows  : 

"San  Domingo,  February  19,  1870, 

"  My  Dear  General  :  I  regret  to  say  that  Major  Perry  is  embarrassing  affairs  here.  He 
is  brave,  straightforward,  and  of  immense  bodily  energy  ;  but,  in  tact,  forethought,  and 
experience,  he  is  a  mere  child,  and  is  besides  under  the  damaging  influence  of  Prime  and 
O'Sullivan. 

"  Prime  is  irritated  because  I  would  not  assist  him  in  obtaining  an  unlimited  and  irrespoii- 
sible  scope  for  his  bank.  This  government  is  disposed  to  be  indulgent ;  but,  so  far,  the  bank 
has  not  complied  with  the  obligations  of  its  charter,  and  I  cannot  loan  myself  to  his  dubious 
speculations, 

"O'Sullivan  is  offended  because  I  could  not  indorse  him  as  having  a  paramount  influence 
with  our  government.  I  did  not  approve  of  their  sending  him  to  Havana  to  telegraph  to 
Washington,  doubting  the  necessity  of  a  special  messenger,  believing  that  the  communica- 
tion should  go  through  our  consul  at  Havana,  and  fearing  his  extreme  vanity  would  lead 
him  to  do  more  harm  than  good  ;  and  this  the  judge  deeply  resents. 

"As  you  must  have  observed  before  you  left,  Perry  cannot  discriminate  between  those 
minor  matters  which  will  bear  postponement  and  the  higher  necessities  which  cannot  wait. 
His  ruling  idea  now  is  to  obtain  the  liberation  of  Mr.  Davis  Hatch,  convicted  and  notoriously 
guilty  of  complicity  with  Cabral  and  the  Cacos  of  Hayti  in  their  attempted  overthrow  of 
Baez.  Hatch  is  known  to  correspond  with  the  New  York  Times  and  other  papers  opposed 
to  annexation,  and  this  government  is  resolved  to  keep  him  within  safe  limits  until  the 
cause  shall  be  placed  beyond  the  reach  of  such  attacks.  Jloautime,  Baez  and  his  ministers 
have  done  everything  possible  to  calm  and  conciliate  our  restless  commercial  agent.  He 
had  also  asked  a  lease  of  the  government  palacio  on  the  square,  with  that  of  the  old  build- 
ing next  door,  for  a  hotel  for  his  friend  Scott,  of  Baltimore.  As  the  palacio  is  occupied  by 
the  supreme  court,  &c.,  the  government  was  obliged  to  decline  the  proposal ;  but  offered  the 
fine  spacious  building  adjoining  for  a  term  of  years,  on  the  condition  of  restoring  the  roof, 
&c.,  which  has  fallen  in  and  rendered  it  uninhabitable. 

"This  haj  not  satisfied  Major  Perry,  and  he  renews  his  demand  for  the  instant  release  of 
Mr.  Hatch,  on  the  ground  that  his  government  had  repeatedly  instructed  him  to  insist  upon 
it.  President  Baez  said  to  him,  in  my  presence,  that  Hatcti  was  indulging  in  threats  against 
this  government,  and  would  certainly  make  use  of  his  liberty  to  join  the  enemies  of  annex- 
ation ;  that  Hatch,  though  closely  watched,  was  not  rigorously  imprisoned ;  that  a  few 
weeks'  restraint  would  not  be  so  inconvenient  to  him  as  as  his  slanderous  statements  might 
become  to  the  success  of  General  Grant's  policy  in  the  Antilles;  and  that  Hatch,  being  a 
convicted  criminal,  whose  final  pardon  had  not  yet  been  delivered  to  him,  the  Dominican 
executive  had  the  right  to  consult  the  exigencies  of  the  situation  in  detaining  him  for  a  time  ; 
but  that  a  full  explanation  of  these  facts  should  be  sent  to  President  Grant,  together  with  a 
statement  that  the  United  States  commercial  agent  had  exerted  himself  to  have  the  pardon 
completed.  Baez  repeated  these  points  to  me,  and  Perry  then  turned  upon  me  with  the 
accusation  that  I  am  more  Dominican  than  American,  and  that  for  personal  reasons  I  was 
opposing  the  liberation  of  an  innocent  man,  while  I  was  obtaining  pardons  for  murderers, 
meaning  the  poor  American  sailor  whom  the  Dominican  authorities  commended  to  our  .sym- 
pathy,    I  replied,  this  was  not  true,  and  that  1  thought  President  Baez  had  the  right  and 


136  DAVIS    HATCH. 

oiight  to  do  everything  m  his  pc^ver  to  serve  and  protect  negotiations  in  which  our  President 
"was  so  deeply  interested. 

"Major  Perry's  want' of  discretion  and  self-control  was  annoying;  but  it  has  not,  and  will 
not  be  suffered  to  check  the  proper  shaping-out  of  the  great  business  in  hand,  that  is  uow 
in  the  high  tide  of  success. 

"I  remain  truly  yours, 

"WILLIAM  L.  CAZNEAU. 

"  P.  S. — I  have  seen  the  letter  Gautier  is  addressing  our  commercial  agent  on  the  Hatch 
affair,  and  it  seems  to  me  just  and  explicit.     President  Baez  and  his  ministers  desire  to  be 
cTateiully  remembered  to  you.     Mrs.  C.  also  joins. 
^  ^  "W.  L.   C. 

•'Gen.  Orville  E   Babcock,  ifc,  Si;c.,  Sfc,  Washington.'' 


By  Mr.  Howakd  : 

Q.  Mr.  Peny  says  that  he  demanded  the  release  of  Hatch,  and  that  Admiral  Poor  went  also 
to  President  Baez's  oiBce,  and  demanded  it.  Can  you  throw  any  further  light  on  that  sub- 
ject ? — A.  I  have  no  information  in  regard  to  it  except  the  dispatches  which  1  read  this  morn- 
ing. 

By  Mr.  ViCKERS : 

Q.  Why  did  you  solicit  from  Mr.  J.  Somers  Smith  the  letter  from  Lewis  Horan  to  him 
relative  to  the  steamer  Telegrafo  .' — A.  Because  I  wanted  to  ascertain  what  information  I 
could  as  to  the  conduct  of  that  vessel.  I  was  told  at  Samaua,  in  the  first  place,  that  this  man 
Horan,  an  American,  had  made  this  protest  to  the  commercial  agent,  and  I  asked  him  if  he 
had  any  information  in  reference  to  the  Telegrafo,  because  I  was  intending  to  send  the  Tus- 
carora  to  hunt  her  up. 

Q.  Were  you  authorized  by  the  Secretary  of  State  to  look  after  the  Telegrafo  or  to  make 
any  report  to  him  on  that  subject? — A.  No,  sir;  I  was  not.  I  was  requested  by  the  Secre- 
tary of  the  Navy  to  take  out  those  orders  and  deliver  them  to  the  commanding  officer  of  the 
Seminole,  and  I  supposed  it  to  be  my  duty  to  assist  him  in  every  way  I  could  to  capture 
that  vessel. 

Q.  Did  not  the  son  of  Mr.  J.  Somers  Smith  suggest  to  you  the  propriety  of  sending  the 
Tuscarora  to  Barahona,  where  Mr.  Hatch  was  confined,  the  moral  effect  of  which  might  jiro- 
cure  his  release  ? — A.  Mr.  Somers  Smith's  son  suggested  that  to  me  the  night  the  Tuscarora 
reported. 

Q.  Did  he  not  advise  yon  to  interfere  for  the  release  of  Mr.  Hatch,  on  the  ground  that  his  de- 
tention in  prison  was  an  outrage  on  the  rights  of  an  American  citizen  ? — A.  No,  sir.  To  the 
best  of  my  remembrance,  as  to  the  conversation,  there  was  simply  an  intjuiry,  or  suggested 
inquiry,  of  me,  whether  we  had  not  better  send  the  Tuscarora  to  find  the  whereabouts  of  Mr. 
Davis'^Hatcli,  or  something  to  that  efiect.  I  told  him  I  would  have  nothing  to  do  with  that, 
or  words  to  that  effect. 

Q.  Did  not  Mr.  J.  Somers  Smith  complain  to  you  of  the  arrest  and  imprisonment  of  Mr. 
Hatch,  alleging  that  Mr.  Hatch  was  an  American  citizen  attached  to  his  government  and 
entitled  to  its  protection;  and  did  he  not  ask  you,  as  an  officer  of  the  government  of  the 
United  States,  to  use  your  influence  to  obtain  his  release,  or  to  see  that  justice  was  done  .'  — 
A.  No,  sir.  1  do  not  think  Mr.  Somers  Smith  ever  spoice  to  me  about  Mr.  Hatch.  I  do 
not  recall  liis  ever  sjieaking  to  me  about  him,  except  the  morning  when  the  coiu-^uls  called 
on  the  President,  wlien  i  heard  what  he  said  to  the  President,  of  which  1  have  already  given 
an  account.  He  may  liave  spoken  afterward,  though  lie  made  no  apjjeal  to  mo  to  use  my 
assistance  or  infiueiic<!  in  that  way. 

Q.  Wiien  did  you  firHt  nijtain  knowledge  of  Mr.  Hatch?  — A.  The  first  renieinbrance  I 
have  of  a  knowledge  of  iMr.  Hatch  at  all  was  the  time  I  spoUe  of,  when  tlui  Danish  bark 
Koto  was  re])orted  ;  that  is,  to  know  anything  about  the  man.  I  had  Ijctore  had  a  list  of 
concessions  in  whic.li  Mr.  Hatch's  name  iiiquared,  hut  I  did  not  know  who  Mr.  Hatch  was. 

Q.  At  what  time  was  it  tiiat  you  lirst  had  that  Unowiedge  ?— A.  I  cainiot  tell  exactly,  but 
it  was  in  the  latter  part  of  .July  or  tiie  (-arly  Dart  of  August,  IHOD. 

Q.  Had  you  any  conversation  with  Captain  (iueen  relative  to  Mr.  Halch  :  and  if  so, 
wliat  was  the  substance  of  lliat  conversation  ? — A.  The  suiistance  of  my  conversation  with 
him  was  this;  \  related  to  him,  as  near  as  1  could,  tlni  conversation  that  iiad  occnrrei]  with 
I'resident  Baez,  and  told  him  that  President  I5aez  liad  said  this  man  was  at  Azua  and 
on  his  way  up  to  San  ])(»mingo  City,  and  going  to  be  tried  ;  and  I  told  him  it  was  of  no  use 
to  send  the  'J  nscarora  down  to  Barahona,  when  tiiis  man  was  at  Azua,  on  his  way  up  to 
Pan  Domingo  City  to  he  tried. 

By  Mr.  Ferry  : 

Q.  Had  President  Baez  told  you  that  he  ^^as  on  his  way  to  San  Domingo  to  be  tried  ? — 


DAVIS    HATCH.  137 

A.  He  told  mc,  as  I  remember  the  conversation,  tliat  lie  was  at  Azua,  and  was  then  on  Lis 
way  to  San  Domingo  to  be  tried.     That  is  my  remembrance  of  the  conversation. 

By  Mr.  Vickers  : 

Q.  Did  you  tell  Mr.  J.  Somcrs  Smith  that  he  was  suspected  by  President  Kaez  of  being' 
in  the  interest  of  Cabral,  or  did  you  communicate  to  Mr,  Smith  that  any  dissatisfaction 
existed  toward  him  on  the?  part  of  Baez  or  the  officers  of  his  government? — A.  No,  sir;  I 
do  not  tliiiik  I  ever  spoke  to  him  about  it. 

Q.  Did  you  say  or  intimate  to  Mr.  Smith  that  you  intended  to  communicate  anything  to 
the  State  Department  at  Washington  that  might  prejudice  him  in  that  department  ? — A.  No ; 
I  did  not  mention  the  subject  to  him. 

Q.  Did  Fabens  ask  you  to  represent  to  the  administration  at  Washington  that  Mr.  Smith 
should  be  recalled,  or  did  you  make  any  representation  to  that  effect  / — A.  I  did  not  ask 
him  to  do  any  such  thiug  ;  Ijut  as  to  his  making  any  such  representation,  I  do  not  know.  I 
am  not  aware  that  he  ever  did,  however. 

Q.  Did  you  ever  make  any  such  representation? — A.  I  made  tliis  representation  to  the 
Secretary  in  person  that  that  government  believed  Mr.  Smith  was  nufrieudly  to  them,  and  tiiat 
so  far  as  any  negotiation  was  concerned  it  was  just  as  bad  whether  he  was  or  was  not;  that 
I  would  not  pretend  to  pronounce  whether  he  was  or  was  not  connected  with  the  Cabral 
party,  or  in  opposition  to  tlie  existing  government,  but  so  far  as  any  negotiation  with  those 
people  was  concerned,  it  would  be  equally  bad  because  they  believed  he  was.  I  remember 
making  that  remark  to  the  Secretary  of  State,  but  I  preferred  no  charges  against  Mr.  Smith. 
That  is  the  only  reason  I  had  against  Mr.  Smith. 

By  Mr.  Schurz  : 

Q.  Have  you  the  letter  of  credence  which  you  took  when  you  first  went  to  San  Domingo  ? — 
A.  I  have.  • 

Q.  Please  produce  it  and  read  it. — A.  This  is  the  copy  given  to  me;  the  original  letter, 
of  course,  was  delivered : 

"  Ulysses  S.  Grant,  President  of  the  United  States  of  America,  to  his  excellency  Buenaven- 
tura Baez,  President  (f  the  Dominican  Republic: 
"Great  and  good  friend:  Deeming  it  desirable  to  satisfy  my  curiosity  in  respect  to 
your  interesting  country  by  obtaining  information  through  a  source  upon  which  I  rely,  I 
have  for  this  purpose  appointed  Brevet  Brigadier  General  Orville  E.  Babcock,  of  the  army 
of  the  United  States,  to  proceed  to  the  Dominican  Republic  in  the  character  of  a  special 
agent.  Having  been  one  of  my  aides-de-camp  while  I  commanded  the  armies  of  the  United 
States,  and  having  since  been  intrusted  by  me  with  confidential  business  of  importance,  I 
have  entire  confidence  in  his  integrity  and  intelligence,  and  I  commend  him  to  your  excel- 
lency accordingly. 

"Written  at  Washington,  the  13th  day  of  July,  A.  D.  1869. 
"  Your  good  friend, 

"  U.  S.  GRANT. 
"By  the  President: 

"  HAMILTON  FISH, 

"  Secretary  of  State." 

By  Mr.  SoiiURZ : 

Q.  Have  you  the  original  protocol  which  you  drew  up  and  brought  to  Washington? — A. 
No,  sir.     That  is  deposited  in  the  Stale  Department. 

By  Mr.  Williams  : 

Q.  Did  you  learn  in  your  conversations  with  Mr.  Smith,  while  you  were  there,  wltat  were 
his  feelings  or  views  on  the  subject  of  annexation  ? — A.  No,  sir;  I  never  mentioned  the 
subject  of  annexation  to  him. 

Q.  Was  there  no  conversation  between  you  and  Mr.  Smith  on  that  subject? — A.  None. 
My  whole  aiiu  was  to  avoid  any  one  ascertaining  that  that  was  my  object  there. 

By  Mr.  ScHURZ : 

Q.  Were  you  not  instructed  to  keep  the  whole  subject  of  annexation  secret;  not  to  talk  of 
it  in  public? — A.  I  do  not  think  my  hrst  instructions  mentioned  annexation  at  all. 

Q.  Was  it  not  so  when  you  went  there  the  second  time? — A.  I  was  instructed  to  keep 
it  as  close  as  I  could.     I  forget  the  exact  wording. 

Q.  'J  he  understanding  was  that  you  should  not  talk  it  over  in  public  ? — A.  Certainly; 
that  I  should  not  make  it  a  matter  of  public  conversation  ;  that  I  was  to  keep  it  as  close  as 
I  could,  and  as  long  as  I  could.     Something  to  that  eftect  was  in  the  instructions. 

By  Mr.  Howard  : 

Q.  Is  it  usual  for  negotiators  to  publish  their  object  in  entering  into  negotiations? — A.  I 
cannot  answer.     I  do  not  know. 
Q.  Did  you  ever  know  of  any  such  case  in  history? — A.  I  should  think  not. 


138  DAYIS   HATCH. 

By  Mr.  Ferry  : 

Q.  You  stated  in  your  examination  the  other  day  that  you  went  to  the  city  of  New  York 
to  embark  for  San  Domingo  in  July,  and  that  you  embarked  about  the  17th  of  July. — A. 
I  think  it  was  the  I7th. 

Q.  You  had  been  oflered  a  free  passage  by  Spofford  &  Tileston. — A.  No,  sir  ;  I  had  not. 

Q.  Who  had  ? — A.  Mr.  Fish,  the  Secretary  of  State,  told  me  that  they  had  sent  a  letter  to 
him,  stating  that,  if  the  department  wanted  to  send  out  any  agent,  they  would  give  him  a 
passage  out  and  back.  I  said  to  the  President  that  if  I  were  going  I  would  prefer  not  to  accept 
a  free  passage,  giving  him  as  my  reasons,  that  if  I  did,  those  people  having  an  interest  in  the 
steamship  company  might  feel  that  thej-  had  a  right  to  ask  me  questions,  which  1  should 
not  want  to  answer.  I  therefore  asked  him  if  he  would  not  suggest  to  the  State  Department 
either  to  inform  tliem  that  the  department  could  not  accept  the  offer,  or  to  let  me  pay  the  ex- 
penses; and  the  Secretary  of  State  wrote  a  letter  to  Spoiford  &  Tileston  to  the  effect  that  the 
government  could  not  accept  such  an  offer,  and  that  my  expenses  on  the  steamer,  my  trans- 
portation, »S:c.,  would  be  paid  for  by  seuding  a  bill  to  the  department,  or  something  to  that 
effect.  The  offer  had  been  made  some  time  before.  It  was  not  the  original  intention  to  send 
me  to  San  Domingo,  but  a  gentleman,  whose  name  I  do  not  now  remember,  had  been  ap- 
pointed to  go,  and  had  got  as  far  as  New  York,  and  I  think  his  trunk  was  on  the  steamer, 
when  he  was  taken  sick  and  gave  it  up. 

Q.  Was  that  gentleman  going  on  Spofford  &  Tileston's  vessel? — A.  I  understand  so; 
that  is  my  information. 

Q.  What  is  the  business  of  Spofford  &  Tileston? — A.  I  simply  know  this  :  Mr.  Fish  told 
me  that  one  of  the  gentlemen  in  the  house  had  been  on  his  staff  while  ho  was  governor  of 
New  York,  and  that  it  was  a  very  large  house.  They  are  large  shipping  merchants,  I  think. 
I  believe  they  have  a  large  China  trade. 

Q.  What  business  have  they  with  San  Domingo  ? — A.  The  only  interest  that  I  know  they 
liave  there  is  this  line  of  steamers,  unless  it  be  a  fact,  as  is  reported,  although  I  do  not  know 
it  positively,  that  they  are  employed  by  the  Hartmont  people  as  their  agents  to  collect  their 
dues  down  there.  I  do  not  kuow  that  that  is  so ;  but  I  suppose  the  other  is  true,  because 
their  own  steamers  run  to  San  Domingo  and  back. 

Q.  They  own  a  steamship  line  to  San  Domingo? — A.  Yes,  sir;  under  one  of  the  conces- 
sions given  for  a  steamship  line. 

Q.  Concessions  given  by  whom  ? — A.  By  the  Dominican  government. 

Q.  Spofford  &.  Tileston,  then,  have  a  concession  from  the  Dominican  government  of  a 
steamship  line? — A.  The  concession  was  not  given  originally  to  them.  1  do  not  know  to 
whom  it  was  given  at  first,  but  it  has  been  transferred  to  them  and  they  own  the  line,  as  I 
understand. 

Q.  Did  they  ownitwlien  they  offered  to  take  an  agent  of  our  government  to  San  Domingo 
free  of  expense  ? — A.  I  suppose  they  did. 

Q.  How  long  was  it  before  you  went  that  they  made  tliat  offer  ?— A.  I  do  not  know  the 
date. 

Q.  Do  you  know  liow  they  happened  to  be  informed  that  our  government  contemplated 
such  a  thing  as  sending  an  agent  to  San  Domingo  ? — A.  I  do  not  know. 

Q.  Ydu  met  at  the  ofHce  of  Spofford  A:  Tileston,  in  New  York,  on  the  17th  of  July,  Mr.  J. 
W.  Fabens  ? — I  think  it  was  in  their  ofKce  that  I  first  met  him. 

Q.  If;u]  you  known  him  before? — A.  No;  I  had  never  seen  the  gentleman  before  I  met 
Lim  in  New  York  at  that  time. 

Q.  Do  you  kuow  whether  he  had  been  in  Washington  before  ? — Yes,  sir ;  A.  I  know  now 
that  he  liad  been,  but  he  had  not  been  liero  when  I  was  here.  I  was  absent  from  the 
city  when  the  President  made  up  his  mind  to  send  me  there.  I  had  gone  away  expecting 
to  be  absent  tlie  rcm;iiiidcr  of  the  summer.  I  was  telegra])hed  to  to  return  here,  and  on 
receipt  of  tiie  telegram  I  returned.  1  think  I  arrived  hero  on  a  Tuesday  evening  and  left 
so  nn  to  sail  the  ui-\t  Saturday. 

Q.  I  am  now  intiuiring  as  to  Mr.  Fabens's  presence  in  Washington.  You  had  been 
informed  (hat  ho  was  here  before  you  left? — A,  Yes,  sir. 

Q.  P>y  himself? — A.  No,  sir. 

(.}.  Was  the  fact  that  he  liad  l)een  here  before  alluded  to  in  conversation  between  you  and 
him  on  your  voyage? — A.  Oh,  yes. 

Q.  Do  yon  know,  by  Infuniiation  from  him  or  otherwise,  or  from  the  State  Department, 
that  fie  had  prior  to  your  departure  been  to  the  State  Deiiartineiit  in  connection  with  this  pro- 
ject of  sending  out  an  agent  to  Han  Domingo  ? — A.  I  do  not  know  that  ho  had  been  there  in 
refercnc<*.  to  sending  out  an  ag<'nt. 

Q.  Do  you  know  in  what  way  he  had  been  tlioro  ? — A.  Ho  told  mo  that  he  had  been  here 
in  connection  with  tlie  matterK  of  San  Domingo,  representing  tlio  matters  of  San  Domingo  to 
this  govermnent  —  ]  do  not  mean  as  commissioner,  but  in  business  from  that  government  to 
our  government  here. 

Q.  He  had  been  here  representing  Dominican  matters  to  our  govenunont  7 — A.  That  is 
wliat  I  understood  him  to  say. 

Q.  Did  you  understand  from  him  tliat  it  was  in  consetiuence  of  those  representations  of 
his  that  you  weio  sent  out? — A.    I  do  not  know  that  he  over  told  mo  that;  but  I  inferred 


DAVIS    HATCH.  139 

from  the  Infonnatiou  I  received  that  lie  was  one  of  the  sources  from  which  the  information 
came  tliat  led  to  this.    That  is  my  impressiou. 

Q.  Were  you  informed,  or  are  you  now  informed  in  any  way,  of  the  concessions  or  grants 
Mr.  Fabeus  had  from  the  Dominican  government  7 — A.  I  do  not  know  of  but  one  grant. 

Q.  What  was  that  ? — A.  It  is  in  the  list  known  as  the  surveying  grant — a  grant  for  a 
mineralogical  and  geological  survey,  &c.  I  do  not  know  the  exact  title.  It  is  in  the  list  of 
concessions. 

Q.  It  conveys  mining  titles,  does  it  not  ? — A.  Something  of  that  kind. 

Q.  Were  there  any  land  grants  that  you  are  aware  of  to  Mr.  Fabens  ? — A.  I  know  of  no 
grants  to  Mr.  Fabens  except  this  one. 

Q.  Do  you  know  of  any  to  Mr.  Fabens  in  connection  with  others  besides  this  one? — A.  I 
do  not. 

Q.  Or  have  you  any  information  of  any  ? — A.  No  ;  I  am  not  aware  that  he  owns  any  con- 
cession ;  still,  I  would  not  like  to  say  that  ho  does  not.     I  mean  that  I  do  not  know  of  any. 

Q.  Are  you  aware  of  any  other  business  interests,  besides  the  mining  grants  and  privileges 
of  which  you  have  spoken,  that  Mr.  Fabens  had  at  that  time  in  San  Domingo  ? — A.  I  re- 
member his  saying  that  he  previously  had  been  in  business  there  as  a  merchant.  I  do  not 
know  whether  he  has  any  interest  in  it  now  or  not ;  but  he  told  me  that  he  had  been  with  a 
company  working  a  capper  mine.  I  remember  his  telling  me  that,  in  order  to  get  the  cop- 
per down  to  the  place  for  shipping,  they  had  brought  some  camels  over  there,  and  brought 
them  down  and  packed  the  copper  on  them. 

Q.  Are  these  all  the  interests  you  are  acquainted  with,  by  information  or  otherwise,  which 
Colonel  Fabeus  had  there  ? — A.  Yes,  sir. 

By  Mr.  SCHURZ : 

Q.  Did  you  not  say  to-day  that  Colonel  Fabens  had  certaiu  business  interests  at  Sa- 
mana  ? — A.  He  is  there  now,  as  I  understand,  asl^agent  for  Spofford,  Tileston  &  Company, 
but  I  was  not  aware  of  that  when  I  went  down  there. 

Q.  He  had,  however,  when  he  Avent  with  you  to  Samana  in  December  ? — A.  Yes  ;  I  under- 
stood him  to  be  going  there  then  as  the  agent  of  Spofford,  Tileston  &  Company. 

By  Mr.  Feuky  : 

Q.  You  also  met  Mr.  O'SuUivan,  and  he  went  on  the  same  vessel  with  you?— A.  Yes,  sir. 

Q.  Do  you  know  by  information,  or  otherwise,  whether  Mr.  O'Sullivan  had  or  has  any 
grants  or  concessions  thei'e  ? — A.  I  am  not  positive  that  he  has  any.  I  simply  inferred  that 
he  was  looking  after  some  concessions  of  some  kind,  but  I  did  not  know  what  they  were.  My 
impression  is  that  it  was  in  regard  to  a  railroad  ;  and  what  makes  me  think  so  is  some 
remark  he  made,  as  we  were  leaving  that  day,  that  he  had  not  got  his  business  made  out, 
and  was  not  going  to  return.  He  remained  over.  He  never  communicated  to  me  any  of 
his  business  transactions. 

Q.  A  gentleman  by  the  name  of  Hennen  went  with  you  on  the  steamer  ;  do  you  know 
whetheV  he  went  as  attorney  or  agent  for  anybody  else  ? — A.  I  do  not  know  ;  but  I  simply 
inferred  that  he  went  as  a  sort  of  attorney  with  Mr.  O'Sullivan.  I  do  not  know  that ; 
I  simply  know  that  he  was  a  young  lawyer.  I  made  his  acquaintance  on  board  the  vessel, 
and  he  told  me  he  was  a  lawyer  living  in  New  York,  but  he  never  told  me  his  business  in 
San  Domingo.  I  do  not  know  even  that  he  was  in  the  employ  of  O'Sullivan  ;  I  only  thought 
so  infereutially  ;  he  was  with  him. 

Q.  On  your  arrival  you  found  that  President  Baez  was  at  Azua? — A.  Yes,  sir. 

Q.   Who  procured  the  services  of  the  steamer  Tybeo  to  go  to  Azua? — A.  I  did. 

Q.  Of  whom  ? — A.  Of  a  clerk  of  the  house  of  Spofford  &.  Tileston,  who  went  down  ou 
the  vessel,  a  Mr.  Riugwood.     It  was  arranged  between  him  and  the  captain  of  the  vessel. 

By  Mr.  Howard  : 

Q.    What  was  this  Tybee? — A.  The  name  of  the  steamship  we  went  down  on. 
Q.  Did  it  belong  to  the  Spotford  «fc  Tileston  line  between  New  York  and  San  Domingo  ? — 
A.  Yes,  sir. 

By  Mr.  Ferry  : 

Q.  Did  you  see  Mr.  Smith,  the  commercial  agent,  before  you  went  to  Azua? — A.  I  think 
I  called  on  him  the  evening  before. 

Q.  How  long  an  interview  did  you  have  with  him  on  that  occasion  ? — A.  Very  short.  It 
was  a  mere  call. 

Q.  During  that  interview  was  anything  said  about  Mr.  Hatch  ? — A.  No,  sir. 

Q.  Or  about  Mr.  Horan  ? — A.  I  do  not  remember  the  name  of  Horan  ever  being  men- 
tioned to  me  by  Mr.  Smith. 

Q.  You  have  spoken  of  a  Danish  bark,  the  Roto.  Were  you  informed  whether  she  was 
owned  in  St.  Thomas  ? — A.  I  do  not  know  anything  about  that.  I  say  that  she  came  in,  as 
they  said,  as  a  prize,  having  been  captured  going  into  the  port  of  Barahoua.  That  was 
simply  what  they  told  me. 

Q.  Your  language  in  your  previous  testimony  was  ''that  she  had  been  consigned  from 
St.  Thomas  to  a  gentleman  by  the  ilame  of  Hatch." — A.  Yes,  sir,  that  is  what  they  reported 
to  me.    I  do  not  say  so. 


140  DAVIS    HATCH. 

Q.  You  said  that  the  consignors  lived  at  St.  Thomas,  and  Mr.  Hatch  was  consignee  at 
Barahoua.  Was  that  your  understanding? — A.  ^ly  understanding-  was  that  the  vessel  had 
beeu  chartered  at  St.  Thomas,  and  sent  down  to  Barahoua.  I  so  understood  from  what  was 
said  to  me. 

Q.  You  said  "she  had  been  consigned  from  St.  Thomas." — A.  They  so  informed  me. 

Q.  Did  you  infer  from  that  that  the  owners  of  the  vessel  lived  at  St.  Thomas  ? — A.  I  did 
not  make  any  inference.  I  did  not  know  where  the  owners  of  the  vessel  might  live.  I  did 
learn  afterward  where  the  vessel  was  owned,  though. 

Q.  And  you  say  that  the  fact  that  she  was  consigned  to  Hatch  "  was  the  first  knowledge  " 
you  ever  had  "in  reference  to  there  being  such  a  person  as  Mr.  Hatch?  " 

The  Witness  :  Are  those  my  exact  words  ? 

Mr.  Ff:RRY:  Your  words  were  "  that  was  the  first  information  lever  received  iu  refer- 
ence to  there  being  such  a  person  as  Mr.  Hatch." 

The  Witness  :  Did  I  say  "  the  fact  that  she  was  consigned  to  Hatch  was  the  first  infor- 
mation ?  " 

Mr.  Ferry:  After  stating  that  that  had  been  told  to  you,  you  said  what  I  have  just 
read,  "  that  was  tlie  first  information,"  »fcc. 

The  Witness:  They  claimed  that  this  vessel  had  been  consigned  to  Mr.  Hatch,  and  that 
they  had  intercepted  munitions  of  war,  correspondence,  ikc,  going  to  the  rebels  ;  and  that 
is  what  first  brought  up  the  subject  of  Mr.  Hatch. 

Q.  What  you  have  been  stating  immediately  preceding  this  language  is  entirely  about 
.  the  Danish  bark  Eoto.  You  say,  "Going  back  to  the  time  of  the  discussion,  some  time 
during  the  month  of  August,  one  day  a  little  man-of-war  came  in  with  a  prize,  as  they 
represented  it,  of  the  Danish  burk  Roto;"  and  you  go  on  and  state  that  she  was  consigned 
to  Hatcli,  and  then  you  say,  "  This  is  what  was  represented  to  nie  ;  and  that  was  the  first 
information  I  ever  received  in  reference  to  there  being  sucii  a  person  as  Mr.  Hatch ;"  and  you 
say  this  was  some  time  in  the  month  of  August? — A.  The  latter  part  of  July  or  the  month 
of  August ;   I  do  not  know  which. 

Q.  You  now  qualify  your  former  remark,  and  say  it  was  either  the  last  of  July  or  about 
the  first  of  August  ? — A.  Yes.  I  cannot  be  certain  as  to  the  exact  date  when  tlie  vessel 
came. 

Q.  But  you  are  certain  that  that  Danish  bark  Roto  was  the  first  circumstance  in  which 
the  existence  of  Mr.  Hatch  was  brouglit  to  your  knowledge? — A.  By  anything  tliere. 

Q.  Where  else  had  Mr.  Hatch  ever  beeu  brought  to  your  knowledge  before  that? — A.  As 
I  say,  I  had  a  list  of  concessions. 

Q.  That  only  ? — A.  That  was  all.  I  did  not  know  anything  about  the  man.  What  I 
mean  is  that  this  was  tlie  first  I  knew  of  a  person  named  Hatch  being  there.  I  did  not 
know  before  but  that  the  man  Hatch  who  had  the  concession  might  be  in  Europe. 

Q.  At  the  time  wlien  the  Roto  came  in,  was  it  tlien  fliat  they  told  j'ou  that  Hatch  was  a 
man  who  had  joined  the  Cabral  party  in  opposition  to  tiie  government,  and  that  this  vessel 
had  on  board  nmnitions  of  war  ? — A.  That  was  the  time  they  told  me. 

Q.  Now,  wliom  do  you  moan  by  "  they  "  ? — A.  I  cannot  tell  you  which  one ;  it  was  some 
of  the  Dominican  officials  at  the  President's. 

Q.  Who,  at  that  time,  iuterpreted  to  you  what  the  President  said  to  you  ? — A.  General 
Cazneau. 

Q.  H',  then,  it  was  President  Baez  who  gave  you  this  information,  it  was  interpreted  to 
you  by  Mr.  Caztu^an,  was  it  not?— A.  If  it  was  General  Baez,  or  if  it  was  Mr.  Gautier,  it 
was  interpreted  l>y  Mr.  Cazncnu. 

(.).  It  was  tJK!  information  that  Mr.  Hatch  was  a  Cabralista  came  to  you,  by  interpretation 
at '.my  rate,  through  Mr.  Cazneau? — A.  Yes,  sir  ;  the  account  there  tiiat  he  was  with  that 
party,  and  that  this  vessel  was  consigned  to  him,  came  through  Mr.  Cazneau,  as  interpreted 
to  me. 

By  Mr.  Howari)  : 
Q.   Was  the  intcrpretiition  made  in  the  presence  of  Baez  ? — A.  I  say  I  cannot  toll  whetlior 
it  was  President  Baez  or  Mr  (iautier,  or  who  it  was  ;  I  do  not  remember  which  officers  wore 
present,  but  some  of  tlie  otlicials. 

By  Mr.  Fkkry: 

Q.  You  say  that  "  soon  after,  on  the  morning  of  the  2"Jd  (if  August,  I  think  *  *  Mr. 
J.  Somcrs  Siiiitli,  United  Slates  cdiihul,  canio  in  wilh  llu^  oilier  i'<insuls  to  j^ay  respects 
to  the  i'resident,"  and  you  proceed  to  narrjite  a  ccinversation  that  then  <iccurred  about  Hatch. 
Might  it  not  liave  In  en  on  the  2'.>th  of  August,  a  week  later? — A.  1  think  it  was  on  the  '^'Id 
of  August,     Th(!  iivJd  came  on  Sunday.     1  rc^niembor  it  by  that. 

Q.  But  the  2!)th  wouM  also  he  on  Sunday  ? — A.  I  think  it  was  earlier  than  that.  If  it 
was  the  other,  it  would  have  been  but  a  few  days  before  I  .sailed.  I  think  I  am  rightabout 
the  date. 

Q.  It  apjioars  by  the  record  that  Mr.  Hatch  was  put  und(^r  guard  on  the2"^thof  August,  and 
the  order  for  his  arrest,  signed  V.  l^unirez  Ihiez,  is  dated  Aziia,  August!!!),  lH(i'.),  which  states: 
"Mr,  Davis  Hatch,  a  foreigner,  is  found  cnl])ableof  partiuipation  with  said  faction  against  tho 


DAVIS    HATCH.  141 

legitimate  government.  In  consequence  thereof  liis  imprisonment  has  been  ordered,  and  he 
actually  finds  himself  on  board  the  schooner  of  war  Aha  Gracia  as  such."  I  ask  you  if  this 
might  not  have  been  Sunday,  the  'J'Jth,  instead  of  Sunday,  the  2'-ii\  of  Auo^ust  ? — A.  It  is  a 
possibility,  but  my  firm  belief  is  that  it  was  not  the  2Uth,  and  that  it  was  the  '22d.  The  only 
point  I  have  to  fi.x  it  positively  is  that  it  was  a  Sunday  morning. 

Q.  Do  you  know  what  Mr.  Baesi  referred  to  when  he  told  Mr.  Smith  that  he  had  allowed 
Mr  Hatch  to  go  back  on  Mr.  Smith's  representations  ? — A.  I  supposed  from  the  conversa- 
tion he  meant  that  he  allowed  him  to  go  back  to  that  island,  as  I  understood  they  had  had 
trotible  before,  and  Mr.  Baez  allowed  him  to  go  back  to  the  island  as  a  resident  or  represen- 
tative of  this  salt  company.     That  was  the  impression  I  formed. 

Q.  You  have  stated  that  on  that  same  day  after  Smith  went  out  you  warned  President 
Baez  that  he  must  be  certain  that  he  was  right  in  the  question  of  law  if  he  tried  Mr.  Hatch  ? — 
A.  Yes,  sir. 

Q.  You  stated  :  "  Once  or  twice  during  the  conversation  ho  referred  to  Mr.  Hatch,  and  to 
the  part  that  Mr.  Smith,  in  the  interest  of  Mr.  Hatch,  had  taken."  Had  you  heard  that  Mr. 
Smith  had  taken  any  part  in  regard  to  this  arrest  at  that  time  ? — A.  No,  sir. 

Q.  Did  that  refer  to  the  former  occasion  ? — A.  That  referred   to  the  former  occasion,  I 
think.    It  referred  also  to  the  fact  of  his  being  allowed  to  como  back.    That  was  my  under 
standnag. 

Q.  You  say  further:  "And  I  invariably  answered  in  that  way;  that  if  he  had  any 
charges  against  Mr.  Hatch  he  must  make  them  out  in  writing  and  send  them  to  the  State 
Department,  in  Washington."     Did  you  tell  President  Baez  that?  — A.  Yes,  sir. 

Q.  You  say  further  that  you  told  President  Baez  that  you  "  had  no  authority  to  treat  on 
any  such  case  whatever." — A.  Yes,  sir. 

Q.  This  was  on  your  first  visit? — A.  On  my  first  visit. 

Q.-  On  that  same  visit  did  the  minister  of  justice  or  a  judge  of  one  of  their  courts  bring  to 
your  knowledge  the  case  of  another  American  who  was  imprisoned  ? — A.  Yes,  sir. 

Q.  Did  you  decline  to  interfere  in  his  case  because  you  had  no  such  authority  ? — A.  No,  sir. 

i),.  What  made  the  distinction  between  the  cases  of  these  two  Americans? — A.  One  had 
been  arrested,  as  represented  to  me,  and  tried,  and  sentenced  for  a  certain  crime. 

By  Mr.  Howard  : 

Q.  What  was  the  crime  ? — A.  The  crime  of  murdering  a  sailor.  The  other  had  been  ar- 
rested for  a  political  offense  and  had  not  been  tried  at  all,  as  I  understood  then,  but  was 
going  to  be  tried. 

By  Mr.  Ferry  : 

Q.  That  made  the  difi^erence  ? — A.  That  was  the  difference. 

By  Mr.  SciiURZ: 

Q.  When  yon  came  back  to  San  Domingo  in  November,  Mr.  Hatch  had  been  sentenced 
to  death,  and  his  sentence  had  been  commuted  to  banishment,  as  you  understood;  had  it 
not? — A.  That  was  the  understanding  when  I  reached  there. 

Q.  Was  there  then  any  difference  between  the  case  of  that  sailor  who  had  been  convicted 
of  murder  and  sentenced,  and  the  case  of  Mr.  Hatch,  as  to  their  having  been  tried  and  sen- 
tenced?— A.  Only  this,  that  one  had  been  sentenced  and  the  sentence  had  been  comnnited 
to  banishment,  and  the  other  had  five  years  to  serve,  as  represented  to  me,  with  a  ball  and 
chain,  in  a  prison  there,  and  to  support  himself. 

Q.  You  said  on  a  former  occasion  that  the  reason  why  you  did  not  interfere  for  Mr.  Hatch 
was  that  you  considered  him  guilty. — A.  When  I  went  back  in  November  I  considered  him 
guilty. 

Mr.  Howard.  I  did  not  understand  the  witness  to  say  that  he  did  not  interfere  because 
he  considered  Hatch  guilty. 

The  WiTNKSS.  No,  I  do  not  think  I  said  that;  I  said  I  should  not  interfere  in  any  such 
matter;  and  I  said  that  from  the  report  I  had  seen  of  Captain  Queen's,  I  felt  convinced  that 
the  man  had  been  connected  in  that  matter,  and  I  thought  I  would  have  nothing  to  do  with 
it. 

By  Mr.  SCHURZ  : 

Q.  Did  you  consider  that  sailor,  w'ho  was  convicted  of  murder,  innocent? — A.  No,  sir;  I 
never  supposed  he  was  innocent. 

By  Mr.  Williams: 

Q.  You  stated  that  you  acted  in  reference  to  the  matter  of  that  prisoner  confined  for  mur- 
der, upon  the  application  of  the  chief  justice  of  the  Dominican  Kepublic.  1  understood 
you  to  say  that  he  came  to  you  and  requested  jo\x  to  take  action  about  the  matter. — A.  He 
sent  a  message,  through  General  Cazueau,  to  me,  saying  that  this  man  was  there  and  repre- 
senting the  case,  and  that  he  hated  to  have  an  American  there  in  prison  with  ball  and  chain, 
«Sr.c.;  that  he  thought  he  was  a  good  man,  and  if  I  would  interest  myself  in  him  he  would 
proffer  to  get  him  pardoned. 

Q.  Was  that  the  message  which  came  to  you  ? — A.  Yes,  sir ;  and  it  came  to  me  through 
General  Cazneau,  from  the  chief  justice  of  the  republic. 


142  DAVIS   HATCH. 

By  Mr.  Ferry  : 

Q.  Did  you  have  any  further  conversation  with  Mr.  Smith  about  Mr.  Hatch  after  this 
interview  at  President  Baez's  ? — A.  I  do  not  recall  one.  The  subject  may  have  been 
spoken  of  by  Mr.  Smith  to  me  ;  but  I  do  not  recall  the  conversation.  Young  Mr.  Smith,  as 
I  said,  spoke  to  me  on  the  night  of  the  arrival  of  the  Tuscarora. 

Q.  That  was  on  the  second  of  September? — A.  I  should  not  like  to  be  positive  as  to  the 
date ;  but  she  came  in  a  few  days  before  I  went  away. 

Q.  You  stated  before,  that  she  appeared  on  the  evening  of  the  second  of  September  ? — A. 
That  is  the  best  of  my  memory.  That  is  a  matter  that  can  be  found  exactly  from  the 
records  of  the  Navy  Department.     I  do  not  remember  the  exact  date  with  certainty. 

Q.  You  stated  that  on  that  occasion  Mr.  Smith,  the  son  of  the  commercial  agent,  wanted 
to  know  if  you  did  not  think  it  would  be  a  good  plan  to  send  this  vessel,  the  Tuscarora, 
down  to  Barahona,  where  Mr.  Hatch  was,  and  you  replied,  according  to  your  testimony,  "  I 
told  him  that  Mr.  Hatch  had  been  interfering  with  the  rebellion  in  that  country,  and  that  I 
should  have  nothing  to  do  with  the  case." — A.  Yes,  sir. 

Q.  Did  you  give  him  any  other  reason  ? — A.  I  do  not  think  I  did. 

Q.  Did  you  believe  that  reason  to  be  true  at  that  time,  the  second  of  September? — A.  I 
had  nothing  only  the  report  of  President  Baez,  and  those  people  to  me  that  he  had  been 
arrested,  &c. 

Q.  Did  you  believe  that  report  to  be  true  when  you  made  that  reply  to  Mr.  Smith,  the  son 
of  the  commercial  agent  ? — A.  I  had  nothing  on  which  to  base  it,  except  the  information 
that  they  had  given  me  that  it  was  so.     I  had  never  seen  any  of  the  evidence  in  the  case. 

Q.  Then  the  representative  of  this  country  on  the  one  side  was  asking  you   to  intercede 

for  an  American  citizen   imprisoned  by  the  Dominican  government ? — A.  No,  sir;  he 

was  asking  me  to  send  a  man-of-war  to  Barahona  for  this  umn,  Mr.  Hatch. 

Q.  And  you  said  you  would  have  nothing  to  do  with  the  case  ? — A.  Yes,  sir. 

Q.  Because  Mr.  Hatch  had  been  interfering  with  the  rebellion  in  that  country  ? — A.  Yes, 
sir. 

Q.  So  that  your  declaration  was  absolute.  Upon  the  request  of  the  representative  of  our 
government  that  you  should  do  something,  you  said  that  you  would  do  nothing? — A.  Mr. 
Sniith  was  not  the  representative  of  our  government. 

Q.  Was  he  not  the  son  and  clerk  of  our  commercial  agent  ? — A.  I  do  not  know  that  he 
was  clerk  ;  he  was  the  son  of  the  commercial  agent. 

Q.  Did  he  not  do  the  worft  in  the  office  of  the  commercial  agent,  copying,  translating, 
&c.  ? — A.  I  do  not  know  about  that.    He  had  a  right  to  do  the  visiting  of  vessels  for  his  father. 

Q.  Then  lie  acted  for  his  father  in  some  capacity  ? — A.  Yes,  sir. 

Q.  The  representative  of  this  government  was  asking  you  to  do  something  for  an  Ameri- 
can citizen  imprisoned,  and  you  told  hiiu  you  would  do  nothing? — A.  No,  sir;  the  gentle- 
man wanted  me  to  send  this  man-of-war  to  a  certain  place  to  look  after  the  whereabouts  of 
Ml'.  Hatch,  or  something  of  that  kind,  and  I  told  him  1  would  not  have  anything  to  do  with 
it.  If  Mr.  Hatch  had  been  interfering  with  matters  in  that  country  I  would  not  have  any- 
thing to  do  with  the  case.  As  I  said  before,  I  did  not  want  to  tell  him  where  I  was  going 
to  send  the  Tuscarorn. 

Q.  You  told  Mr.  Smith,  the  son  of  the  commercial  agent,  that  you  would  have  nothing  to 
do  with  the  case.  When  you  told  him  that,  had  you  any  information  upon  which  to  base 
that  declaration  except  what  you  had  learned  from  the  Dominican  government,  the  very  party 
complained  of? — A.   No,  sir  ;   I  did  not  know  anything  abt)iit  it,  exc('])t  that,  at  that  time. 

Q.  You  took,  then,  the  statement  of  the  Dominican  government,  the  party  comphiined  of, 
and  made  no  etVurt  to  see  or  hear  from  Mr.  Hatch  ? — A.  Because  they  told  mo  ho  was  under 
arrest,  and  up  there  on  his  way  to  be  tried. 

Q.  You  think  they  had  then  told  you  that  ho  was  coming  to  San  Domingo  ? — A.  Yes,  sir. 

Q.  Do  you  not  know  that  they  deceived  you  in  that  respect? — A.  I  do  not  know  whether 
lie  was  ever  brought  to  Sun  Domingo  or  not. 

Q.  Did  they  tell  ymi  that  Ik;  was  to  be  brought  to  San  Domingo? — A.  My  understand- 
ing of  what  they  told  me  is,  that  he  was  then  on  nis  way  from  Azua  to  San  Domingo  City  to 
be  tried  ;  but  1  do  not  know  that  he  ever  did  go  there. 

By  Mr.  Sciitnz  : 

Q.  Wlicii  you  told  President  Baez  tlint  he  should  be  well  assured  of  the  legal  ])()ints  in  the 
case  of  Mr.  I  latcii  before  he  proceeded  with  him,  according  to  your  testimony,  was  that  on 
the  same  .Sunday  when  Mr.  8mitli  with  you  visited  President  JJaoz  ?— A.  Yes,  sir;  I  think 
it  was  tiie  saim'  day. 

Q.  Wa«  not  Mr.  Smith  present  at  that  conversation?— A.  No,  that  was  after  Mr.  Smith 
ha<l  gone  out.     I  remuiiu'd  after  iiis  conversiilion. 

Q.  And  Mr.  Ca/.neau  iiitei-jireted  for  you  wliat  was  then  said  ?  — A.  Yes,  sir. 

By  Mr.  Vickkks: 

Q.  iJid  you  understand,  at  your  first  visit,  that  Mr.  Hatch  was  a  very  respectable  man,  a 
man  of  intelligence,  and  position,  and  .'•tanding  ? — A.  I  never  heard  anything  to  the  contrary. 
I  liad  every  reason  to  .stijipose  ln'  was. 


DAVIS    HATCH.  143 

Q.  Did  you  understand  tliat  ? — A.  Tlioonly  infornnation  I  had  of  that  kind  was  what  Mr. 
Smith  remarked  at  the  President's  house.  He  made  the  remark  tliat  Mr.  Hatcii  was  a  man 
of  good  standinn-,  a  corresi)ondeut,  I  think  h(!  said,  of  the  New  York  Times.  I  had  every 
reason  to  suppose  tliat  he  was  what  he  was  said  to  be. 

By  Mr.  Ferry  : 

Q.  I  wish  now  to  call  your  attention  to  the  Horan  letter,  which  you  have  presented,  dated 
June  14,  1809.  You  asked  Mr,  Snjith  for  that  letter  on  the  1st  of  September,  ]ti(i9,  as  ap- 
pears by  the  date  of  his  indorsement  ? — A.  Yes,  sir. 

Q.  You  add :  "The  fact  that  this  letter  had  not  been  forwarded  to  the  department,  and  that 
no  attention  had  been  paid  to  it,  led  me  to  think  that  Mr.  Smith  perhaps  had  .sympathy  with 
the  Cabral  party."  How  did  you  know  that  no  attention  had  been  paid  to  it.' — A.  1  knew 
it  simply  because  I  called  on  Mr.  Smith  and  he  told  me  so. 

Q.  Smith,  the  father  ?  —A.  Yes,  sir  ;  the  father. 

Q.  Did  he  tell  you  that  he  had  paid  no  attention  to  it  ? — A.  He  told  me  that  he  had 
received  tlie  letter  and  regarded  it  as  a  personal  matter,  and  paid  no  attention  to  it. 

Q.  Did  he  inform  you  what  became  of  Mr.  Horan  ? — A.  I  do  not  think  he  did. 

Q.  Did  he  tell  you  that  Mr.  Horau  called  upon  him  and  told  him  that  this  was  a  mis- 
take?— A.  No,  sir  ;  I  do  not  think  he  mentioned  any  such  thiug  to  me. 

Q.  And  that  this  matter  had  been  arranged  long  before  that  ? — A.  No,  sir;  I  never  heard 
that  it  had  been. 

Q.  You  found,  then,  simply  this  letter  from  Mr.  Horan  on  file  ? — A.  No  ;  It  was  not  ou 
file  ;  it  was  in  his  desk. 

Q.  At  any  rate,  you  found  it,  and  he  said  he  regarded  it  as  a  personal  matter  ? — A.  Yes,  sir. 

Q.  Did  you  make  any  inquiry  of  him  what  had  become  of  Mr.  Horau  ?— A.  I  did  not. 

Q.  The  letter  speaks  of  Mr.  Horau  as  being  imprisoned  on  board  a  steamer.  Did  you 
inquire  whether  he  was  still  imprisoned? — A.  No  ;  I  knew  he  could  not  be,  for  I  was  in 
Sauuiua,  going  through,  and  no  such  vessel  was  there. 

Q.  What  was  your  object  in  getting  this  letter  ? — A.  Simply  to  get  what  information  I 
could  as  to  the  conduct  of  tiiat  pirate  vessel  we  were  after.  I  understood  the  connnandiug 
officer  had  fired  through  Mr.  Horan's  place.  I  understood  that  when  we  went  through 
Samana — I  do  not  know  who  told  me — and  that  he  had  made  protest.  I  caunot  say  who  told 
me.  There  were  two  or  tliree  Americans  then  living  there,  and  it  may  have  been  some  one 
of  those.  When  Captain  Queen  was  going  over  there  I  wanted  to  give  hiin  all  the  informa- 
tion I  could  in  reference  to  her  conduct,  and  I  did  not  know  but  that  this  letter  had  been 
forwarded  to  Washington  when  I  first  went  over  to  Mr.  Smith. 

Q.  Did  you  forward  it  to  Washnigton  ? — A.  I  gave  it  to  Commander  Queen,  who  went 
over  to  Tortola,  and  he  sent  it  forward  to  Washington  with  his  report. 

By  Mr.  Vickers  : 

Q.  Did  you  tell  Captain  Queen  that  Mr.  Hatch  had  been  guilty  of  aiding  the  rebellion  in 
Dominica  ? — A.  I  told  him  that  the  government  informed  me  that  he  had  been,  and  he  then 
was  under  arrest  at  Azua,  and  on  his  way  up  to  San  Domingo  City  to  be  tried,  and  it  was 
no  use  sending  the  Tuscarora  down  to  Barahona  when  he  was  at  Azua.  I  think  that  was 
what  I  told  him. 

By  Mr.  Ferry  : 

Q.  When  did  you  first  see  the  dispatch  of  Captain  Queen,  containing  this  language  in  hig 
report  to  the  Navy  Department  ? — A.  I  cannot  tell  you  the  day  ;  it  was  after  my  return  to 
Washington,  and  before  I  vveut  down  to  San  Domingo  the  second  time.  I  do  not  remember 
the  exact  date  of  it,  but  it  must  have  been  some  time  in  October.  I  think  it  came  up  in  the 
mail  from  St.  Thomas. 

Q.  Where  is  Captain  Queen  ? — A.  I  do  not  know.  He  is  stationed  in  the  navy  some- 
where. 

Q.  That  evidence  respecting  Mr.  Hatch  you  obtained  after  your  return  home  and  before 
you  went  back  the  second  time  ? — A.  Yes,  sir. 

Q.  So  that  when  you  went  back  the  second  time,  if  I  understood  you  aright,  you  were 
convinced  of  the  guilt  of  Mr.  Hatch  ? — A.  Yes,  sir,  I  became  convinced  of  his  guilt. 

Q.  This  remark  of  Captain  Queen  convinced  you  ? — A.  That  evidence  of  Captain  Queen. 
I  looked  all  through  the  report  of  Captain  Queen  in  reference  to  the  vessel  Telegrafo,  and 
found  this  summing  up  at  the  end  of  his  report. 

Q.  Was  there  anything  else  about  Mr.  Hatch  in  it  ? — A.  I  do  not  think  Mr.  Hatch's 
name  was  mentioned  ;   but  it  was  as  to  the  conduct  of  the  vessel. 

Q.  Had  that  vessel  ever  had  another  name? — A,  Yes,  sir,  she  had  been  called  the  Res 
toracion,  or  some  other  name. 

Q.  Was  she,  when  called  the  Rostoracion,  a  foreign  vessel  ? — A.  I  do  not  know.     I  do 
not  know  what  she  was  called  before.     I  only  know  her  name  from  the  orders  given  from 
the  Navy  Department. 
By  Mr.  SCHURZ : 

Q.  You  say  that  in  Captain  Queen's  report  Mr.  Hatch's  name  did  not  occur  at  all? — A. 
I  do  not  remember  any  place  where  his  name  is  mentioned  except  as  to  the  bill  of  health. 


144  DAVIS    HATCH. 

By  Mr.  Ferry  : 

Q.  Captain  Queen's  report  says :  "The  only  paper  wliicb  tbe  vessel  was  enabled  to  ex- 
hibit at  Tortola  was  a  bill  of  health  furnished  by  one  Hatch,  an  American,  at  Barahona, 
a  Dominican  port,  not  a  port  of  entry."     Did  you  ever  see  that  bill  of  liealth  ? — A.  No,  sir. 

Q.  Do  you  know  whether  Captain  Queen  ever  saw  it  ? — A.   I  do  not. 

Q.  Do  3'ou  know  of  anybody  who  ever  saw  it  ? — A.  I  do  not  know  personally  of  anybody 
who  saw  it.  Captain  Queen's  report  has  the  certificate  of  some  officer  that  she  only  had 
certain  papers  coming  from  there ;  so  I  suppose  he  must  have  seen  it. 

Q.  There  is  nothiuo-  where  Mr.  Hatch's  name  is  mentioned  except  this  little  passage  I 
have  read  from  Captain  Queen? — A.  Not  that  I  know  of. 

Q.  You  never  saw  it  and  you  do  not  know  that  Captain  Queen  ever  saw  it  ? — A.  No. 

Q.  Do  you  know  anything  about  the  date  of  it;  how  old  it  was? — A.  Only  those  words. 

Q.  And  upon  these  four  words  "furnished  by  one  Hatch,"  without  knowing  the  date  of 
this  bill  of  health,  or  knowing  anybody  that  had  ever  seen  it,  you  came  to  the  conclusion 
that  he  was  guilty  ? — A.  No,  sir.  I  came  to  the  conclusion  that  he  had  cleared  this  vessel 
from  that  place,  in  connection  with  the  other  reports  that  had  been  made  to  me. 

Q.  What  reports? — A.  What  Baez  and  those  people  had  told  me,  and  this  in  connection 
with  that.  I  was  not  examining  these  papers  to  find  anything  about  Mr.  Hatch.  It  was 
purely  accidental  that  I  discovered  this  reference  to  him.  I  was  looking  ouly  as  to  the  Tel- 
egrafo.  I  was  anxious  to  have  that  vessel  overhauled  and  thought  that  Captain  Queen 
would  probably  get  a  prize. 

By  Mr.  Scii'JRZ : 

Q.  Had  Baez  told  you  anything  of  Mr.  Hatch  having  given  a  bill  of  health  to  this  ves- 
sel.' — A.  No,  sir. 

(J.  How  did  you  know,  then,  that  the  giving  of  a  bill  of  health  to  this  vessel  was  a 
criminal  act  ? — A.  I  know  that  for  a  foreigner  to  give  a  bill  of  health  to  a  vessel,  that  being 
the  ouly  paper  she  has,  so  as  to  let  her  clear  from  a  place  not  a  port  of  entry,  would  be  a 
crime  in  our  OAvn  country ;  and  I  supposed,  of  course,  it  would  be  there. 

By  Mr.  Ferry  : 

Q.  Are  not  a  clearance  and  a  bill  of  health  two  different  things? — A.  I  think  they  are. 

Q.  What  is  a  bill  of  liealth  ? — A.  I  cannot  give  you  the  exact  form.  I  simply  know  it  is 
one  of  the  papers  a  vessel  is  required  to  have. 

Q.  By  what  authority  is  it  signed  in  a  port  of  entry? — A.  I  do  not  know. 

Q.  Is  there  any  authority  whose  duty  it  is  to  sign  a  bill  of  health? — A.  I  suppose  there 
is.     I  am  not  positive  about  that. 

Q.  What  does  the  bill  of  health  state? — A.  I  cannot  give  you  the  form. 

Q.  Did  you  ever  see  one  ? — A.  I  think  I  iiave  seen  them  on  board  vessels,  but  I  could 
not  give  the  form  or  nature  of  such  a  bill.  I  simply  believe  it  is  one  of  the  papers  a  vessel 
is  required  to  have,  in  order  to  identify  her,  and  in  order  to  give  her  entrance,  or  whatever 
it  may  be,  to  a  port.  We  speak  of  a  vessel's  having  a  clean  bill  of  health,  or  having 
accounts  of  fever  or  disease,  «fcc. 

Q.  Did  you  ever  tell  Cazneau  that  you  did  not  wish  to  liave  anything  to  do  with  the 
Hatch  case? — A.  Not  unless  it  was  in  the  presence  of  Mr.  Baez,  or  something  of  that  kind, 
in  conversation,  he  acting  as  intcr|)reter. 

Q.  Did  you  ever  tell  Mr.  Baez  that  you  did  not  wish  to  have  anything  to  do  with  the 
Hatch  case  ? — A.  I  cannot  tell  exactly  what  I  said,  except,  in  that  conversation,  that  I  was 
not  going  to  interfere  witii  this  matter;  that  he  must  be  very  certain  lie  was  right;  that 
the  law  was  on  iiis  side,  or  something  to  that  effect;  and  that  our  government  probably 
Avould  not  interfere. 

By  Mr.  SciiURZ : 

Q.  You  said  to  him  that  our  govcnnncnt  probably  would  not  interfere  7 — A.  If  he  was 
right,  but  that  lie  must  bo  very  certain  that  lie  was  right  in  the  matter.  I  .supposed  so, 
thinlcing  then  that  lie  was  going  to  bring  the  man  up  and  prefer  charges  against  iiiin  and 
have  him  tried;  and  I  felt  tiiat  if  lie  was  right  in  the  trial,  and  if  the  man  was  guilly,  our 

fovernment  would  not  interfere.     'I'liat  was  the  idea  in  my  mind,  and   I  so  exi)ressed  it  to 
im. 

By  Mr.  Howard  : 
Q.  And  that  was  your  conviction  7 — A.  That  was  sim])ly  my  conviction. 

By  Mr.  Ferry  ; 

Q.  After  your  relurii  fiom  your  second  mission,  when  did  yon  fiist  hear  of  Mr.  Hatch 
siibserpujiitly  7 — A.  I  think  the  first  I  hoard  of  Mr.  llatdi  on  my  return  was  a  lett(>r  that  I 
received  from  General  Cazneau,  to  tiie  effect  that  Mr.  Hatch  was  being  tried,  and  would 
probabl}'  be  detained  some  time  as  a  punishment. 

Q.  JIavc  you  that  letter  ? — A.  I  think  I  have  it  at  the  Executive  Mansion. 

By  Mr.  .Scut  R/,  : 
Q.  What  was  its  date? — A.  fconie  time  in  September. 


DAVIS    HATCH.  145 

By  Mr.  Fkuuy  : 

Q,  That  was  in  tlie  interval  between  your  fiiMt  and  second  mission.  I  a,m  iuquirinj  an  to 
wliat  you  heard  after  you  came  back  the  secoud  time. — A.  That  was  the  only  time  the  case 
wa.s  mentioned  to  me  in  that  way. 

Q.  I  will  waive  that  to  go  back  to  this  letter  that  you  received  in  the  interval  between 
your  two  visits.  You  say  that  in  that  interval  you  received  a  letter  about  Hatch  from 
General  Cassueau  ? — A.  A  letter  in  which  ho  mentioned  the  Hatch  ca^e. 

Q.  And  said  he  was  on  trial? — A.  Yes,  sir. 

Q.  He  good  enough  to  look  up  that  letter  and  bring  it  here  in  the  morning. — A.   I  will  do  so. 

Q.  Did  you  receive  any  other  letters  about  Mr.  Hatch,  in  that  interval,  from  anybody 
slse?  —  A.  I  am  not  aware  that  I  received  a  word. 

Q.  Upon  your  return  after  the  completion  ot  the  treaty,  from  whom  did  you  first  hear  of 
Mr.  Hatch? — A.  I  d  >  not  remember  of  ever  hearing  of  Mr.  Hatch  again  until  the  letter  that 
I  read  to-night  from  General  Cazneau  of  February  19,  1870. 

Q.  Did  you  receive  a  letter  from  Mr.  Felix  M.  Delmonte,  containing  an  article  which  he 
wished  to  have  you  get  published  in  the  northern  papers,  in  which  Mr.  Hitch  was  spoken 
of? — A.  Not  that  I  know  of;  if  I  did  receive  it,  it  was  uutrauslated,  and  was  sent  to  the 
State  Department  for  the  purpose  of  being  translated,  and  I  never  saw  it  afterward  except 
the  other  night  here  when  it  was  produced  by  Secretary  Fish.  I  remember  that  he  said 
he  supposed  it  was  addressed  to  me.  I  Lave  no  remembrance  of  ever  seeing  the  paper,  and 
I  think  there  is  something  in  its  expressions  which  would  indicate  that  it  was  not  sent  to  me. 

T3y  Mr.  SciiURZ : 
Q.  What  was  that  ? — A.  I  refer  to  an  expression  in  the  letter  transmitting  the  article.     I 
never  read  the  letter;  it  was  in  Spanish,  and  was  sent,  I  suppose,  to  the  State  Department 
for  translation.     I  never  saw  the  document,  and  did  not  know  of  the  document  being  there. 
They  never  sent  me  back  the  translation  of  it. 

By  Mr.  Ferry  : 

Q.  Did  you  not  try  to  read  it  in  the  original  Spanish  ? — A.  No,  sir.  I  do  not  read  Spanish 
well  enough  to  read  it  accurately. 

Q.  Do  you  recollect  its  coming  to  you  at  all  ? — A.  I  have  no  remembrance  of  its  being 
forwarded  to  me,  though  it  may  have  been  sent  to  me  in  the  mail.  We  send  a  great  many 
letters  to  the  State  Department  to  be  translated,  and  they  are  returned  to  us  without  any 
particular  record  being  kept  as  they  go,  except  a  mere  memorandum.  As  I  say,  I  never  saw 
the  translation  of  the  document. 
By  Mr.  SciiURZ: 

Q.  After  having  read  this  short  letter  which  I  translated  (to  be  found  on  page  61  of  testi- 
mony) have  you  not  come  to  the  conclusion  that  it  was  addressed  to  you  ? — A.  I  think  now 
that  it  was.  I  think  so  from  the  expression  about  Generals  lugalis  and  Sackett.  What 
made  me  think  it  was  not  addressed  to  me — and  I  am  inclined  to  think  so  yet  when  I  come 
to  read  it — is  the  expression:  "  I  wish  you  may  have  a  good  trip."  Mr.  Delmonte  could  not 
be  wishing  me  a  good  trip  on  the  8th  of  February,  for  I  had  arrived  home  about  the  20th  of 
December.  That  was  the  point  in  the  letter  which  made  me  think  it  was  not  addressed  to 
me.  The  only  thing  that  could  make  me  think  it  was  addressed  to  me  is  the  fact  that  it  is 
addressed  to  a  general  and  asked  me  to  give  his  kind  regards  to  Generals  Ingalls  and 
Sackett.  It  may  have  been  sert  to  me. 
By  Mr.  Ferry  : 

Q.  Did  you  know  at  any  time  froni  your  return  to  San  Domingo  on  your  second  trip  up 
to  the  liberation  of  Hatch,  that  Baez  and  Gaufier  were  keeping  him  detained  in  order  to 
prevent  his  influencing  the  minds  of  the  people  in  the  United  States  by  writing  for  news- 
papers, or  anything  of  the  kind? — A.  No,  sir;  I  never  knew  that,  or  had  any  idea  they 
were  detaining  him  for  any  such  purpose,  until  this  letter  from  General  Cazneau,  dated  Feb- 
ruary 19,  L-:i7l). 

Q.  What  did  you  do  with  that  letter  ? —  \..  I  told  the  President  of  the  receipt  of  the  letter. 
It  was  received  here  in  March.     I  think  the  Secretary  of  State  was   there  at  the  time,  and 
he  informed   me  that  an  order  had   gone  for   the   release  of  the  man,  and  I  paid  no  further 
attention  to  it,  because  the  thing  was  ended. 
By  Mr.  SCHURZ: 

Q.  The  Secretary  of  State  told  you  that? — A.  I  think  it  was  some  one  connected  with 
the  State  Department ;   I  believe  the  Secretary. 

By  Mr.  How.ard  : 

Q.  Do  you  know  when  Hatch  was  actually  released  ?  —  A.  I  do  not  know  myself.  This 
letter  arrived  about  the  first  of  March. 

By  Mr.  SCHUKZ  : 

Q.  You  say  that  you  were  in  the  office  of  the  President  with  the  letter,  and  the  Secretary 
of  State  was  there? — A.  I  say  I  think  that  was  the  way  it  came  i>p. 

H.  Rep.  234 llO 


146  DAVIS    HATCH. 

Q.  And  you  were  informed  there,  iu  the  presence  of  the  President,  that  the  order  for  the 
release  of  Mr.  Hatch  had  gone  ? — A.  I  do  not  know  that  I  was  talking  with  the  President. 
I  do  not  remember  exactly  about  it,  but  I  know  that  was  the  first  information  I  had  ;  in 
speaking  of  it  I  received  the  information  that  an  order  had  gone  for  the  release  of  Mr.  Hatch. 

Q.  You  testified  before  tbat  on  the  30th  of  May  you  told  Mr.  Perry  that  the  President  had 
expressed  his  surprise  at  the  order  having  gone  ? — A.  Yes,  sir.  I  do  not  say  that  I  said  this 
to  the  President,  nor  that  the  information  was  given  to  the  President,  that  an  order  had  gene 
for  Hatch's  release. 

By  Mr.  Ferry  : 

Q.  Did  you  not  say  just  now  that  you  laid  before  the  President  this  letter  of  Mr.  Caz- 
neau? — A.  I  say  that  I  read  the  letter  to  the  President. 

Q.  What  did  you  read  it  to  him  for?  What  was  your  object  iu  reading  it  to  the  Presi- 
dent ? — A.  Simply  to  iuform  him  of  aflairs  in  San  Domingo. 

Q.  Did  you  not  intend  to  have  that  influence  the  President  against  the  release  of  Mr. 
Hatch  ? — A.  Not  a  particle. 

By  Mr.  ScHURZ  : 
Q.  Did  you  read  the  whole  of  that  letter  to  the  President  ? — A.  I  did.     I  will  say  that  I 
read  a  great  many  letters  to  him   in  this  way.     I  tell  him  often  the  full  contents  of  them 
instead  of  reading  all  the  words.     I  do  not  know  that  I  read  all  the  words  of  this  letter  to 
the  President,  but  I  conveyed  to  him  the  whole  information  contained  in  it. 

By  Mr.  Ferry  ; 

Q.  When  Mr.  Perry  went  down  to  Sau  Domingo  you  gave  him  a  letter  of  introduction  to 
Mr.  Fabens  and  also  one  to  3Ir.  Cazneau  ? — A.  Yes,  sir. 

Q.  And  you  had  then  been  informed  by  the  Secretary  of  State  that  he  was  somewhat  un- 
favorable to  Mr.  Cazneau  ?  You  have  already  stated  that,  but  did  not  go  into  details. — A.  I 
say  that  the  Secretary  of  State  simply  used  to  me  the  expression  tliat  lie  did  not  have  confi- 
dence in  General  Cazneau,  without  making  any  charges  or  anything  of  that  kind. 

Q.  And  these  two  persons,  Cazneau  and  Fabens,  were  tlic  only  Americans  there  to  whom 
you  gave  Mr.  Perry  any  letters  of  introduction? — A.  I  do  not  remember  any  others.  Mr. 
Fabens  was  not  down  there  then  ;  he  was  in  New  York. 

Q.  But  you  have  stated  here  that  you  gave  Mr.  Perry  a  letter  of  introduction  to  Colonel 
Fabens  ? — A.  Yes,  sir. 

Q.  Did  you  know  any  other  Americans  in  San  Domingo  ? — A.  I  think  there  are  two  or 
three. 

By  Mr.  ScHUUZ : 
Q.  Did  you  know  Mr.  Prime  .' — A.  Mr.  Priine  was  not  down  there  then. 

By  Mr.  Ferry  : 
Q.  Did  you  know  him  .'  —  A.   I  came  up  in  the  steamer  with  him. 
Q.  Did  you  know  Mr.  Reed? — A.  No,  sir;  I  never  saw  Mr.  Keed  there. 
Q.  Did  you  know  Mr.  O'Snllivan? — A.  I  did;  but  I  did  not  know  that  he  was    in  San 
Domingo  then. 

By  Mr.  ScnuRZ: 

Q.  Did  you  know  Mr.  Scott? — A.  No;  I  do  not  remember  of  seeing  a  Mr,  Scott  there. 
I  do  not  know  tliat  I  ever  .saw  Ijim. 

Q.  Were  there  any  oth-^r  Americans  that  you  saw  there  except  Cazneau,  Fabens,  and 
Prime? — A.  When  I  was  there  there  was  Mr.  Jit  inwi). 

Q.  He  went  down  with  you.  I  am  speaking  of  residents  or  merchants  in  San  Domingo  ? — 
A.  I  remcnilx-r  one  merchant  wlio  was  an  American.  I  do  not  recall  his  name.  I  re- 
member going  into  his  store,  but  I  did  not  get  at  all  intimately  acquainted  with  him.  I  do 
not  recall  now  an^'  other  Americans  except  Mr.  Smith  and  his  son.  I  do  not  mean  to  ignore 
tlicm. 

By  Mr.  Houaru: 

Q.  Of  all  the  Americans  thcie  w<'re  you  not,  when  you  gave  those  letters  of  introduction, 
best  ac(iuanited  with  Mr.  Cazru  ait  and  Mr.  Fabons  ? — A.  Certainly,  especially  because  Gen- 
eral Cazneau  did  my  interpreting  the  iirst  time  I  was  there. 

Q.  So  you  pave  Mr.  Perry  letters  of  introduction  to  Cazneau  and  Fabons  ;  those  being  the 
only  Americans  there  to  whom  you  gave  him  sucli  letters? — A.   Yes,  sir. 

By  Mr.  Sciitr/, : 
t^.  Did  you  know  then  that  Cozneau  possessed  concessions  and  grants  from  the  Domini- 
can government? — A.  Yes,  sir;  I  know  there  w(!ro  some  thnt  were;  made  to  liini  because  I 
brought  back  a  list  of  tlu^  concessions  wlieu  I  came  back  the  Iirst  tiuie,  in  which  some  ap- 
peared to  b'!  made  to  General  Cazneau.  1  want  to  say  here,  though,  that  I  Icuew  Mr. 
Fabens  wan  not  in  San  Domingo ;  he  was  in  New  York. 


DAVIS    HATCH.  147 

Q.  He  went  down  in  the  same  vessel  with  Mr.  Pcny  ?  —A.  I  believe  so  ;  I  did  not  know 
but  tliat  you  thought  I  meant  that  he  was  down  tliere  all  this  time. 

Q.  Oh,  no.  You  referred  to  something  you  had  said  to  Mr.  Perry  when  delivering  to  him 
those  letters  of  introduction  to  Cazneau  and  Fabcns.  What  did  you  say  to  him  ? — A.  I  tried 
to  repeat  the  substance  of  what  the  Secretary  of  State  had  said  to  nie,  that  he  had  no  confi- 
dence in  General  Cazneau,  my  object  being  that  he  might  fully  understand  to  whom  I  was 
giving  him  a  letter  of  introduction.  In  other  words,  I  wanted  to  place  Mr.  Perry  as  favora- 
bly as  1  could  in  San  Domingo,  and  tell  him,  as  well  as  I  could,  about  the  people. 
■  Q.  Do  you  say  tiiat  you  cautioned  him  against  Mr.  Cazneau? — A.  No  ;  1  did  not  caution 
him  against  him  ;  I  only  made  him  this  remark. 

Q.  Did  you  say  to  him  that  you  thought  the  Secretary  of  State  was  correct  in  his  suspi 
cions  '! — A.  T  told  him  that  so  far  as  I  had   seen   anything   there,  I   had   not  seen  anything 
improper  in  Ueneral  Cazneau.    That  is  my  remembrance  of  what  I  told  him. 

Q.  Did  you  say  to  him  that  you  thought  the  Secretary  of  State  was  mistaken  iu  hii  sus- 
picions ? — A.  No  ;  I  do  not  think  I  said  that.  I  said  that  so  tar  as  anything  I  had  seen  was 
concerned,  I  knew  nothing  against  him.  I  only  saw  him  about  forty  days,  and  I  could 
only  tell  him  my  own  impression  about  the  man  in  that  time. 

Q.  If  you  had  received  from  the  Secretary  of  State  unfavorable  impressions  with  regard  to 
Mr.  Cazneau,  why  did  you  direct  Mr.  Perry  to  see  Mr.  Cazneau  and  introduce  him  to  him 
socially  ? — A.  I  did  not  direct  him  to  see  him. 

By  Mr,  Feuiiy  : 

Q.  You  state  that  Mr.  Perry  showed  you  a  letter  from  Mr.  Hatch,  and  that  you  read  that 
letter? — A.  Yes,  sir. 

Q.  Did  that  letter  protest  that  Mr.  Hatch  was  innocent  of  the  charges  against  him  ? — A. 
I  do  not  remember  the  contents  of  the  letter ;  it  was  quite  a  long  letter. 

Q.  Do  you  not  remember  that  fact  about  the  letter  ? — A.  I  have  no  doubt  that  it  said  so  ; 
but  I  do  not  remember  the  contents  of  the  letter.  Mr.  Hatch  was  not  a  subject  that  I  had 
any  particular  anxiety  about,  or  that  particularly  impressed  me  while  I  was  there. 

Q.  Tiien  an  American  citizen  claiming  that  he  was  illegally  and  wrongfully  imprisoned, 
awakened  in  you  no  anxiety  and  attracted  no  attention  ? — A.  I  do  not  say  that. 

Q.  The  case  of  Mr.  Hatch  neither  awakened  your  attention  nor  caused  you  anxietj^  when 
Mr.  Perry  sliowed  you  that  letter? — A.  I  say  that  situated  as  I  was  there,  at  work  in  this 
matter  of  the  treaty,  busily  engaged  on  that,  and  the  common  understanding  being  that 
this  man  was  to  be  released,  and  Mr.  Perry,  as  I  think,  having  told  me  that  the  President 
had  agreed  to  release  him,  I  did  not  know  but  that  the  man  might  be  released  any  day.  I 
did  not  know  but  that  he  would  be  there  the  next  day. 
By  Mr.  Howard  : 

Q.  Had  you  any  reason  to  suppose  he  would  be  .' — A.  I  had  every  reason  to  suppose  he 
would  be  released  any  day. 

By  Mr.  Ferry  : 
Q.  How? — A.  From  what  Mr.  Perry  said,  that  the  President  had  told  him  that  he  would 
release  him. 

Q.  Did  anybody  else  than  Perry  tell  you  that  ? — A.  No. 

Q.  Did  Baez  tell  you  that  he  would  release  him? — A.  No;  I  never  asked  him  abo\it  it. 

By  Mr.  Vickisrs  : 

Q.  Did  you  inquire  of  Mr.  Smith  as  to  the  character  and  circumstances  of  the  murder 
committed  by  the  sailor  for  whom,  and  before,  you  interceded  ? — A.  I  did  not. 

By  Mr.  Schurz  : 

Q.  Did  you  see  a  letter  addressed  by  Mr.  Hartmout  to  Mr.  Fabens  concerning  a  foreign 
power  having  offered  two  millions  for  the  Bay  of  Samana? — A.  I  did  see  that  letter. 

Q.  Did  Mr.  Fabens  give  that  letter  to  you? — A.  No,  sir  ;  Mr.  Fabens,  I  think,  probably 
brought  that  letter  from  New  York.  I  think  he  sent  it  to  me  for  the  information  of  the  Pres- 
ident. 

Q.  And  you  gave  it  to  the  President  ? — A.  Yes,  sir. 

Q.  You  did  not  give  it  to  the  Secretary  of  State  ? — A.  No,  sir  ;  I  gave  it  to  the  President. 
I  think  the  original  letter  is  on  file  yet,  in  the  Executive  Mansiou.  I  am  not  positive,  but  I 
think  that  is  the  manner  in  which  the  letter  arrived  at  the  Executive  Mansion. 

The  Chairm.yn  to  the  witness.  I  believe  we  are  through  with  you,  General. 

The  Witness.  I  wish  to  make  a  statement  in  connection  with  the  letter  from  General 
Cazneau  to  me  dated  February  19,  1870,  which  I  have  read  this  evening.  I  have  never 
answered  that  letter.  I  wish  to  explain  the  reason  why  I  have  not  dune  so,  and  why  I 
wrote  to  Mr.  Perry  the  letter  I  did,  iu  which  I  spoke  of  being  sorry  about  the  troubles  be- 
tween American  citizens  there.  In  a  letter  to  the  Secretary  of  State  of  the  date  of  February 
•20,  I  think  Mr.  Perry  says  that  Mr.  Cazneau  claims  to  be  in  direct  correspondence  with  the 
Executive  Mansion,  and  shows  letters,  &c.  That  dispatch  of  Mr.  Perry  has  been  produced 
here.     The  President  said  to  me  that  Mr.  Fish  had  shojvn  him  that  dispatch  from  Mr.  Perry, 


148  DAVIS    HATCH. 

and  be  said  that  he  then  told  Secretary  Fish  that  I  bad  been  corresponding  with  General 
Cazneau,  and  that  he  had  known  of  the  correspondence  all  the  time,  and  that  I  had  shown 
him  my  answers,  &c.  But  the  President  then  said  to  me:  "  General,  I  would  not  write  any 
more  letters  down  there,  because  I  do  not  want  to  make  any  trouble." 

By  Mr.  Howard  : 

Q.  Then  you  n>'glected  to  answer  this  letter  of  Cazneau  at  the  request  of  the  Presi- 
dent?— A.  By  instruction  of  the  President,  I  have  not  writteu  to  him,  nor  to  Minis- 
ter Gautier,  nor  to  President  Baez,  nor  to  any  official  in  San  Domingo  since  that. 
That  is  the  reason  I  mentioned  in  my  letter  to  Perrj'  that  I  was  sorry  that  the  Americans 
there  were  quarreling.  On  the  same  date,  or  a  date  a  day  or  two  later,  I  have  a  letter  from 
Mr.  Perry  to  myself  almost  similar  to  the  one  he  wrote  to  the  Secretary  of  State,  saying 
that  he  had  called  General  Cazneau  a  trickster,  &c.  This  explains  what  I  meant  by  speak- 
ing of  the  trouble  among  the  Americans  down  there. 

By  Mr.  ScnuRZ : 
Q.  Have  you  written  to  Mr.    Fabens  since? — A.  As  1  said  to-day,  I  wrote  to  him  one 
letter  since,  "sending  the  scraps  of  newspapers,  &c.,  to  which  I  referred,  and  telling  him 
the  news  of  the  day,  and  suggesting  that  he  or  some  other  person  should  come  here  pre- 
pared to  refute  those  charges. 

John  Some.hs  Smith  sworn  and  examined. 
By  Mr.  Ferry  : 

Question.  Where  do  you  now  reside  ? — Answer.  On  Staten  Island. 

Q.  What  is  your  age? — A.  I  was  71  years  old  on  the  6th  day  of  March  last. 

Q.  Have  j-ou  been  in  the  consular  service  of  the  United  States? — A.  I  have  been  in  the 
consular  service  from  the  time  when  General  Taylor  came  into  office,  under  every  President, 
until  a  few  months  past. 

Q.  In  what  places  have  you  served  ? — A.  I  first  served  in  Malaga  some  ten  or  eleven 
years,  and  then  a  .short  time  in  Cadiz.  On  my  return  liome  from  tliero,  I  was  appointed  con- 
sul to  Candia,  and  was  confirmed  by  the  Senate;  but  did  not  go  out  there,  and  finally  I  went 
to  San  Domingo.  I  was  appointed  consul  to  San  Doniingo,  and  took  office  there  on  the  let 
of  August,  ]^()f),  and  left  San  Domingo  on  the  IGth  day  of  November,  1851).  I  was  there 
three  years  and  three  and  a  half  months. 

Q.  When  you  arrived  iii  San  Domingo,  who  was  President  of  tlie  Dominican  Republic? — 
A.  The  government  was  in  the  hands  of  a  tiiumvirate,  consisting  of  Generals  Pimentel, 
Luperon,  and  Garcia.  They  were  absent  at  the  time  of  my  arrival,  but  they  had  delegated 
their  powers  to  a  very  eminent  lawyer,  an  old  gentleman — Mr.  Tomas  Bobadilla — who  car- 
ried on  the  government.  He  is  now  in  exile.  Those  generals  returned  afterward,  and  a 
general  election  was  called,  and  in  the  month  of  October,  IdliC),  General  Cabral  was,  by  the 
popular  vote,  elected  President  of  the  republic  for  four  years. 

Q.  Did  you  become  acquainted  with  the  constitution  of  the  Dominican  Republic  as  it  was 
at  that  time  ? — A.  Yes,  sir ;  I  had  a  copy  of  the  constitution  and  read  it  over.  I  know  that 
it  was  a  very  liberal  constitution. 

Mr.  Fkkrv.  Mr.  Cliairman,  I  wish  to  ask  the  witness  some  questions  as  to  that  constitu- 
tion.    I  ask  him,  first,  in  whom  was  the  executive  power  reposed  by  that  constitution? 

Mr.  HoWAitl).   What  is  the  point? 

The  Chairman.  Have  we  not  got  tlie  constitution  here? 

Mr.  Fi:i!RY.  No;  I  gave  you  a  memorandum  to  be  sent  to  the  Secretary  of  Stale  asking 
for  it  particularly;    but  it  has  not  yet  come  to  us. 

Mr.  IloWAKi).  I  must  conffss  that  I  do  not  see  the  ]>ropriely  of  interrogating  the  witness 
a«  to  wliat  may  be  in  the  written  constitution  of  San  Domingo. 

Mr.  l'"i;itm.  i  um  pi-rfectly  willing  to  state  my  object,  and  the  committee  can  then  judge 
whether  it  is  legitimate  or  not.  I  understand  the  facts  to  be,  that  a  popular  election  was  held 
in  the  autumn  of  18(i(i,  in  accordance  witii  the  citnstilulion  of  the  Douiinican  Ivepnblic,  and 
a  President  elected,  ami  a  ('ongress  elected,  in  accordance  with  that  constituiion,  and  that 
the  ji'dicial  systc^m  went  into  force  in  accindance  with  tlii't  constitution  ;  tliat  about  a  year 
and  a  half  afterward,  a  rirbellioii  br(dte  out  against  that  lawfully  conslituled  government; 
that  that  rebellion  drovrs  the  law  fully  eoustitutcMl  authorities  out  of  jxiwer ;  that  Buena- 
ventura I'aez  succeeded  in  gras[)ing  the  reius  of  power  ;  that  he  overlurned  the  constituiion  ; 
refused  to  permit  any  Congr(^ss  to  asseujlile  or  \h-  elected,  Hn<l  that  his  w  lioli^  aulhoiity  is  an 
illegal,  nsiujied,  (luiliority  of  no  more  validity  than  the  authority  ol  Maximilian  during  the 
time  he  assumed  to  be  emperor  of  Mexico. 

Mr.  MoWAltl).   Let  me  ask  Senator  Ferry  what  bearing  that  has  on  the  case  of  Hatch 

Mr.  FkruV.  This  usur|)ed  authority,  not  in  aeiordance  with  the  constitution  and  laws  of 
the  Dominican  li'o|)ul)lic 

Mr.  IlowARH.  Let  nm  get  through  with  my  ipiestion,  if  you  j)lease.  Does  Senator  Ferry 
deny  that  the  government  ol  l-iaez  was  a  govc'rnment  tic  facto? 

Mr.  Fkrrv.  Not  at  all  ;  but  I  do  deny  that  the  Irihunal  before  which  Mr.  Hatch  was 
brought  was  a  legal  tribunal,  according  either  to  the  laws  of  the  Dominican  Jiepublic  or  tint 
law  of  nations. 


DAVIS    HATCH.  149 

Mr.  Howard.  You  dcuy  that  it  bad  any  autliority  wliatcver  to  try  the  caso  of  Hatch,  or 
to  entertain  it  ? 

Mr.  Fkruy.  Yes,  sir. 

Mr.  Howard.  Because  the  government  was  a  revolutionary  government  ?  Is  that  the 
conclusion  .' 

Mr.  Furry.  Yes,  sir. 

Mr.  HoWAEJD.  Then  I  object,  for  one,  to  go'wg;  into  tliat  branch  of  the  subject.  I  cannot 
see  the  propriety  of  it.  I  should  not  object  to  your  showinj^,  or  atteniptiiif,^  to  show,  that 
there  were  irregularities  or  illeg^alities  in  the  trial  of  Hatch;  but  when  you  go  back  to  the 
very  foundation  of  the  jurisdiction  of  the  court,  and  deny  the  lej^ality  of  the  government 
itself  under  which  it  was  organized,  it  seems  to  me  we  are  taking  an  unnecessary  step,  and 
going  into  matter  which  does  not  belong  to  us.  We  cannot  try  the  legality  of  the  govern- 
ment of  Baez. 

Mr.  Ferry.  We  can  try  the  rights  of  an  American  citizen  which  have  been  outraged  by 
a  usurped  government. 

Mr.  HowAiiD.  Does  not  our  own  government  recognize  the  government  of  Baez  by  send- 
ing a  commercial  agent  or  consul  there? 

The  Chairman.  I  understand  the  proposition  to  be  to  prove  by  Mr.  Smith  that  the  regu- 
larly constituted  government  of  Cabral  was  overthrown  by  a  revolution  by  which  Baez  over- 
turned the  government  and  overthrew  the  constitution. 

Mr.  Howard.  The  immediate  question  to  the  witness  was  as  to  the  contents  of  the  con- 
stitution of  San  Domingo  itself,  and  Senator  Ferry  proposed  to  follow  that  up  by  showing 
that  the  government  of  Baez  was  a  usurping  government,  and,  hence,  no  government  at  all. 
To  that  line  of  examination  I  object. 

Mr.  Schurz.  Let  me  suggest  that  we  can  cut  this  whole  matter  short  by  merely  address- 
ing to  Mr.  Suiith  the  question  whether  the  statement  of  fact,  which  Senator  Ferry  has  just 
put  forth,  is  correct  tn  his  knowledge. 

The  Chairman.  That  is  the  very  thing  that  is  objected  to. 

Mr.  Howard.  That  is  really  a  denial  of  the  authority  of  the  Baez  government,  and  our 
government  has  recognized  that  government  by  public  acts  of  its  own,  and  we  are  there- 
fore estopped  from  denying  it  or  going  into  an  inquiry  of  that  kind.  I  think  it  indecent 
for  a  committee  of  the  Senate  to  go  into  such  an  inquiry,  knowing,  as  we  do,  that  a  minis- 
ter plenipotentiary  from  the  government  of  Baez  is  here  at  Washington  now,  and  has  been 
recognized  and  received  by  our  own  government  as  representing  the  government  of  San 
Domingo.  There  must  be  some  boundary,  of  course,  to  our  inquiry.  Is  it  decent  and 
respectful  toward  the  government  of  San  Domingo  to  go  into  such  an  inquiry  ?  I  think  it 
is  not. 

Mr.  Feury.  To  avoid  the  objection,  I  will  confine  my  inquiry  to  a  mere  statement,  of  the 
briefest  possible  kind,  of  the  historical  events. 

Mr.  Howard.  I  have  no  objection  to  a  statement  of  historical  events  if  they  bear  upon 
any  subject  of  inquiry  before  us. 

Mr.  Ferry.  That  is  precisely  what  I  intend  to  do. 

Mr.  Howard.   Otherwise  it  is  a  mere  waste  of  our  time. 

Mr.  Ferry.  We  have  Hatch's  statement  showing  the  origin  of  the  difficulties  between 
himself  and  President  Baez,  and  accusing  Presidei't  Baez  of  having  unkind  feelings  toward 
him. 

Mr.  Howard.  I  have  no  objection  to  your  going  into  that. 

Mr.  Ferry.  Then  I  will  inquire  of  the  witness  in  regard  to  the  occurrences  that  took 
place  in  the  Dominican  Republic. 

The  Chairman.  The  fact  that  they  had  a  dispute  I  suppose  it  would  be  competent  to 
prove ;  but  I  do  not  presume  it  would  be  competent  for  us,  as  a  committee  of  the  Senate  of 
the  United  States,  to  attempt  to  adjudicate  upon  the  propriety  of  their  revolution.  When 
we  find  a  government,  we  recognize  it.  Mr.  Smith  himself  was  sent  to  the  Baez  govern- 
ment; or,  rather,  remained  there  under  it.  I  do  not  see  that  it  is  within  the  scope  of  our 
functions  to  inquire  whether  the  revolution  there  was  wise  or  unwise.  The  fact  is  that  it 
took  place,  and  if  we  were  to  go  into  its  details  and  inquire  as  to  its  propriety,  we  should  he 
widening  the  scope  of  our  inquiry  beyond  any  proper  limit. 

Mr.  YVii.LiAMS.  I  am  anxious  to  economize  time.  I  suppose  the  historical  events  are, 
beyond  all  question,  that  Baez  did  engage  in  a  revolution,  and  overthrew  and  expelled 
Cabral  and  took  possession  of  the  government.  I  suppose  there  is  no  question  about  that. 
It  appears  to  be  historically  true. 

Mr.  Feruy'.  There  are  facts  here  which  seem  to  have  been  not  comprehended,  and  the 
dates  and  order  of  which  facts  do  bear  directly  upon  Mr.  Hatch's  statement  in  his  petition. 

Mr.  Howard.  And  on  them  you  propose  to  show  that  President  Baez  was  actuated  by 
miilicious  and  malignant  motives  toward  Hatch,  and  persecuted  him? 

Mr.  Ferry.  Yes,  sir. 

]Mr.  Howard.  I  submit  to  the  c<Mnmittee  whefl  er  it  is  fitting  and  proper  that  this  com- 
mittee should  go  into  such  an  inquiry  as  that,  wiih  a  view  to  cast  reproach  and  ignominy 
upon  the  executive  head  of  that  republic,  wiih  \^hoIn  we  are  treating — with  whom  we  are 
holding  international  relations. 


150  DAVIS   HATCH. 

Mr.  Ferry,  Let  me  state,  gentlemen,  Avhat  I  expect  to  prove,  and  then  Tve  can  have  the 
vote  of  the  committee  taken  on  it,  if  need  be.  In  Mr.  Hatch'.s  statement  of  facts  accom- 
panying his  petition  he  says  that  he  acquired  a  concession  of  certain  privileges  from  the 
existing  Spanish  government  in  1864:  that  before  he  reduced  those  to  possession  that  gov- 
ernment was  overthrown,  and  that  after  an  interregnum  Mr.  Baez  obtained  supreme  power : 
that  Mr.  Baez,  after  some  discussion  with  hi:;i.  annulled  his  grants,  and  shortly  after  Mr. 
Baez  himself  was  overthrown,  and  at  a  popular  election  a  President  of  the  republic  was 
elected  who  confirmed  his  grants;  that  at  that  juncture  an  article  appeared  in  a  newspaper 
alluding  to  these  giants  to  Mr.  Hatch,  to  which  Damian  Baez,  the  brother  of  the  President, 
replied,  and  to  that  Mr.  Hatch  says  that  he  replied,  and  that  he  also  wrote  a  letter  to  the 
New  York  Times  at  the  same  time,  in  both  of  which  he  animadverted  upon  Buenaventura 
Baez,  who  was  not  then  the  President  of  the  republic,  but  was  in  exile.  The  constitutional 
government  of  Cabral  was  then  in  power,  and  from  that  time,  he  says,  Baez  entertained 
hostile  feelings  toward  him.  General  Sackett  has  testified  that  Mr.  Cazneau  told  him  that 
at  a  former  period  Mr.  Hatch  had  published  matters  which  wounded  General  Baez,  and  he 
spoke  of  matters  said  to  have  been  published  by  Mr.  Hatch  of  a  purely  personal  character. 
The  mere  facts  of  this  historical  sequence  I  wish  to  have  in  testimony  for  the  purpose  of 
showing  the  connection  of  the  facts  thus  developed  with  the  evidence  in  this  case.  That 
is  my  object  in  showing  the  historical  sequence  of  events. 

Mr.  Warner.  Mr.  Chairman,  the  connection  of  the  Cabral  and  Baez  governments 
with  Mr.  Hatch's  grants  is  fully  brought  out  in  the  letter  of  Mr.  Hatch,  setting  forth  the 
history  of  his  troubles  with  Mr.  Baez,  and  it  is  there  clearly  shown  how  far  the  question  be- 
tween these  two  contesting  parties  is  involved  in  this  matter. 

Mr.  Ferry.  It  is. 

Mr.  Warner.  That  fact  being  brought  out,  it  soems  to  me  this  inquiry  can  probably  have 
two  aspects — by  the  petition  it  has  but  one — how  far  we  have  cause  to  complain  of  the  Do- 
minican government  for  its  treatment  of  an  American  citizen.  Incidentally,  it  has  another 
branch,  as  to  how  far  General  Babcock  has  been  at  fault,  if  at  all.  I  tliink  the  whole 
inquiry  relates  properly  to  the  present  Dominican  government,  not  to  the  legality  and  right- 
fulness of  that  government.  SVhatever  demand  we  may  have  to  make  for  reparation  on 
account  of  its  treatment  of  Mr.  Hatch  is  to  be  made  of  the  present  government,  not  of 
Cabral  or  any  preceding  government. 

Mr.  Howard.  As  to  the  Hatch  concession,  that  is  one  of  the  concessions  in  a  paper  prop- 
erly belonging  to  the  treaty  which  is  already  l)ffore  the  Senate : 

"Privilege  granted  to  Mr.  Davis  Hatch  on  the  27th  of  September,  1866,  for  the  working 
of  the  salt  mines  in  the  commune  of  Neyba  and  tor  the  laying  of  a  railway  from  the  shore 
of  Barahona  to  the  said  salt  mines." 

I  take  it,  that  is  the  concession. 

The  Chairman.  I  think  Mr.  Hatch,  in  liis  papers,  submitted  here,  is  laboring  under  a 
false  impression,  that  that  concession  has  been  annulled.  It  has  been  reported  to  us,  in  the. 
papers  accompanying  tiie  treaty,  as  an  existing,  genuine  concession. 

Mr.  Ferry.  I  have  not  objected  to  anything  in  the  somewiiat  wide  range  of  inquiry  that 
has  been  taken.  I  certainly,  as  a  lawyer,  could  have  objected  to  quite  a  number  of  questiouB 
that  have  been  put;  but  I  am  not  here  as  such. 

Mr.  Howard.  I  do  not  feel  like  qtiestioning  the  authority  of  the  Baez  government,  inas 
much  as  we  are  holding  political  relations  with  it. 

Mr.  Ferry.  My  desire  was  to  sliow  from  this  witness  that  Mr.  Hatch's  statement  was 
true.  I  supposed,  perhaps,  somebody  would  deny  the  truth  of  the  contents  of  his  statement. 
However,  to  save  time,  I  will  jjroceed  to  inc[uire  of  the  witness  as  to  another  point. 

Mr.  Howard.  Very  well. 

Mr.  Firry.  [To  the  witness.]  When  you  arrived  in  San  Domingo,  Mr.  Smith,  did  you 
become  ac([uainted  with  Mr.  Davis  Hatch? — A.  I  had  a  letter  of  introduction  to  him  from 
New  Yoik. 

Q.  Who  gave  you  that  letter  of  introduction.' — A.  Mr.  Frederick  M.  Kelley,  one  of  th« 
associates  in  flieSalt  Mining  Company. 

Q.  You  had  never  known  Mr.  Hatch  before? — A.  Never  before. 

Q.  Where  was  Mr.  Hatch  when  you  arrived  there? — A.  In  the  city  of  San  Domingo. 

Q.  How  long  after  the  election  of  Cabral  was  it  before  another  revolution  occurred? — 
A.  There  were  one  or  two  outbreaks  in  the  country;  an  attempt  to  land  a  force  from  Cura- 
50a.  They  came  up  from  Curavoa  to  land  at  Seybo,  the  eastern  province,  but  they  were  almost 
all  captured. 

Q.  I  speak  of  tlie  actiial  revolution  ;  when  was  that  ? — A.  It  was  always  carried  on  in  that 
manner.  Then  the  country  was  quiet  for  some  time.  There  was  a  second  attempt  nnido  o» 
the  northern  frenfier  at  Monte  Christ!,  but  it  was  a  failure.  There  \\erf'  two  faihues  before 
the  absolute  revolution  look  place. 

By  Mr.  Warner  : 

Q.  This  was  against  the  Cabral  government? — A.   Yes,  ^-tir. 

Q.  Was  Baez  at  the  bf)ttom  of  these  movementfl' — A.  Bac/.  was  at  the  bottom  of  them, 
assisted  by  Salnave,  tiie  President  of  Hayti. 


DAVIS    HATCH.  161 

Q.  Wlieu  was  the  successful  revolution? — A.  The  city  was  besiep;ed  about  a  month,  I 
thiuk,  from  the  1st  of  January,  1868,  to  the  Istof  February ;  and  on  the  1st  of  February  the 
city  capitulated.     I  was  one  of  the  witnesses  to  the  capitulation. 

By  Mr.  ScnuRZ : 
Q.  The  city  capitulated  to  Baez? — A.  To  Baez's  troops.     Baez  himself  was  not  there. 
General  Huugria  commanded  the  army. 

By  Mr.  Fkruy  : 

Q.  After  that  Baez  obtained  supreme  power  in  some  way? — A.  After  General  Cabral  left. 
Ho  left  in  twenty-four  hours  after  the  capitulation.  The  country  was  then  placed  under  a 
provisional  government ;  General  Hunp^ria  was  at  the  head  of  it,  and  it  remained  so  for  two 
or  three  months,  when  Baez  was  invited  from  Curacoa,  and  came  up,  and  I  thiuk  iu  April 
or  May  he  took  charge. 

Q.  It  appears  from  the  papers  that  a  dispute  occurred  between  President  Baez  and  Mr. 
Hatch,  wl)ich  led  to  an  intervention  of  yours.  State  what  that  was. — A.  I  think  it  was  in 
May,  1868,  about  a  month  after  Baez  came  into  power.  I  think  the  first  notice  of  it  I  had 
was  the  arrival  of  Mr.  Hatch  in  the  man-of-war  Capotilla,  from  Barahona.  I  think  he  wrote 
me  a  note  from  the  vessel,  telling  me  that  he  was  there  a  prisoner  ;  that  he  had  been  brought 
up  from  Barahona,  he  did  not  know  for  what,  and  wanted  to  be  allowed  to  come  on  shore, 
but  he  was  afraid  that  perhaps  he  might  be  imprisoned.  I  called  on  President  Baez  and 
asked  him  what  was  the  meaning  of  all  this.  He  told  me  that  there  were  some  suspicions 
about  Mr.  Hatch,  and  he  had  him  brought  up.  Said  I,  "  I  will  guarantee  that  he  is  all 
right ;  will  you  allow  him  to  come  to  the  hotel  V'  He  said,  "  Yes."  Mr.  Hatch  went  to  the 
hotel.  I  again  went  to  see  President  Baez  and  asked  him,  "  Have  you  got  any  strong 
reasons  for  bringing  Mr.  Hatch  up  here',?"  He  said  Mr.  Hatch  was  not  friendly  to  him,  but 
gave  me  no  reasons  at  all.  "Then,"  said  I,  "suppose  Mr.  Hatch  comes  up  here  and 
makes  an  explanation  to  you  "  I  know  there  was  some  bad  feeling  between  them  on  ac- 
count of  some  correspondence  which  had  formerly  appeared. 

By  Mr.  Howard  : 

Q.  What  correspondence  ? — A.  Correspondence  in  the  New  York  papers.  I  knew  there 
was  bad  feeling,  and  so  I  said  to  President  Baez  :  "The  best  way  for  you  to  do  is  to  allow 
me  to  bring  Hatch  to  you,  and  you  and  he  can  talk  the  matter  over,  and  see  if  you  cannot 
settle  it."    . 

Q.  Had  Mr.  Hatch  been  in  the  habit  of  writing  letters  to  the  New  York  Times  for  publi- 
cation?— A.  That  was  previously,  when  Baez  was  out  of  the  country.  He  used  to  corres- 
pond with  the  New  York  Times,  but  I  think  that  was  when  Baez  was  away. 

By  Mr.  ScHURZ : 
Q.  Do  you  speak  Spanish? — A.  Sufficient  to  carry  on  business  and  read  my  letters;  I 
do  not  profess  to  be  a  good  Spanish  scholar,  but  I  have  had  plenty  of  assistance  from  my 
children,  who  could  all  read  and  speak  Spanish  very  well.  When  I  told  this  to  Mr.  Baez 
he  seemed  to  hesitate  and  asked  me,  "  What  do  you  think  about  it?"  I  said  to  him,  "That 
is  the  best  course  to  pursue;  let  Hatch  come  up  here  and  make  an  explanation;  but,"  I 
added,  "you  must  understand  one  thing;  if  he  comes  here  you  must  treat  him  like  a  gen- 
tleman." I  used  to  talk  pretty  plainly  to  Baez ;  I  am  a  much  older  man  than  he  is.  He  said 
that  he  would  treat  Hatch  like  a  gentleman.  I  went  down  to  see  Hatch,  and  said  to  him, 
"Come  along."  He  was  rather  atraid  to  go.  I  said  to  him,  "  You  must  come  along  and 
see  Baez  with  me  at  once,  and  I  thiuk  I  can  settle  the  whole  difficulty."  We  went  up 
together  and  counnenced  conversation  with  Mr.  Baez.  Baez  came  down  upon  Hatch  very 
severely  indeed  with  regard  to  the  former  business.  After  awhile  I  said  to  him,  "Sir,  I 
am  rather  surprised  to  hear  your  conversation ;  this  is  not  what  you  promised  me;  I  did 
not  come  here  to  hear  a  tirade  against  Mr.  Hatch ;  I  wanted  to  see  whether  you  could  not 
settle  the  matter." 

By  Mr.  Ferry  : 

Q.  What  "  former  business  "  did  he  come  down  upon  him  for  ? — A.  In  regard  to  Hatch's 
exposure  of  Mr.  Baez,  and  his  letters  published  in  the  New  York  papers,  and  other  matters. 
After  a  long  conversation  Mr.  Baez  cooled  down,  and  Hatch  tried  to  make  an  explanation, 
which  I  suppose  he  did,  after  a  fashion.  Finally,  Mr.  Baez  turned  to  me  and  said  :  "  Mr. 
Consul,  if  what  Mr.  Hatch  states  is  a  fact,  as  to  the  assistance  he  has  rendered  my  people 
down  in  Barahona,  where  some  of  my  relatives  are  " — his  half-brother  Ramirez  Baez  com- 
mands at  Azua  now — "  if  Ramirez,  who  knows  all  the  tacts,  will  write  a  favorable  letter, 
I  will  allow  Mr.  Hatch  to  return  to  Barahona."  Said  I,  "  Very  well."  So  Mr.  Hatch  got 
up  ;  the  President  and  he  shook  hands,  and  we  went  away.  I  said  to  Hatch  :  "The  matter 
is  all  settled,  no  doubt."  In  a  few  days  afterward  Mr.  Baez  said  to  me,  "As  soon  as  I  get 
that  letter  I  will  send  it  to  you."  Mr.  Hatch  sent  me  the  letter  from  Ramirez,  the  President's 
brother,  to  himself,  and  it  was  a  most  favorable  letter,  speaking  very  highly  of  Mr.  Hatch 
and  the  good  deeds  he  had  performed  at  Barahona  to  the  few  troops  they  had  there,  who 
were  very  poorly  clad,  &c.,  and  who  had  suflered  a  good  deal.   President  Baez  got  the  let- 


152  DAVIS    HATCH. 

ter ;  bat  I  heard  nothing  of  Mr.  Hatch  comingback.  So  I  addressed  a  letter  to  the  minister  of 
foreign  affairs,  telling  him  that  the  matter  was  all  settled,  and  1  did  not  see  why  Mr.  Hatch 
was  not  permitted  to  return.  He  then  asked  me  a  kw  gu-irautees,  and  said  if  he  would  conduct 
himself  properly  he  had  no  objection  to  his  availing'  himself  of  any  opportunity  to  go  down. 
I  wrote  him  a  letter,  stating  that  from  all  I  knew  of  Mr.  Hatch  I  was  confident  he  would 
not  commit  any  errors  ;  that  he  was  not  unfriendly  to  Mr.  Baez's  government  uov.'.  He 
departed  and  went  to  Barahona.  That  was  in  the  latter  j)art  of  May  or  the  beginning  of 
Jane,  ISiis'. 

Q.  What  was  Mr.  Hatch's  character  and  reputation  as  you  became  acquainted  with  it  in 
San  Domingo  ? — A.  Mr.  Hatch  stood  very  high  in  San  Domingo,  in  consequence  of  his 
former  reputation,  he  haviug  been  the  most  extensive  merchant  in  Porto  Rico,  where  he  had 
amassed  a  very  large  fortune  some  years  previous.  After  that  he  went  to  New  York,  and 
what  became  of  his  fortune  I  do  not  know.  Coming  out  to  San  Domingo  after  having  lived 
very  long  in  the  West  Indies  previously,  he  stood  very  high  with  the  people  generally. 

Q.  Now,  state  the  beginning  of  the  second  trouble  as  it  came  to  your  knowledge. — A.  Mr. 
Hatch  continued  at  Barahona  during  the  fall  and  winter  of  186S.  Some  time  in  the  month 
of  December,  Ibfid,  I  heard  some  rumors  that  something  was  talked  against  Mr.  Hatch  at 
Barahona — that  perhaps  he  was  not  conducting  right.  I  called  on  my  friend,  Mr.  lieed,  the 
first  American  merchant  there,  a  gentleman  of  high  respectability,  a  brother-in-law  of  Beales, 
of  the  Boston  Post,  and  said  to  him,  "  Reed,  write  down  to  Hatch,  and  ask  him  what  he  is 
doing;  ask  him  whether  there  is  anything  wrong."  Reed  wrote  to  Hatch,  and  Hatch  at 
once  responded  to  me  :  "I  was  quite  surprised  to  get  Mr.  Reed's  letter,  saying  that  there 
was  some  rumor  that  I  was  not  conducting  myself  friendly  to  the  government ;  it  is  all 
false;  and,  to  show  that  it  is  false,  I  send  you  a  certificate  of  persons  residing  here,  certify- 
ing to  my  good  conduct;  and,  furthermore,  any  reports  adverse  to  me  arise  entirely  through 
one  or  two  persons  who  have  been  jealous  in  consequence  of  my  transacting  business  from 
St.  Thomas,  and  importing  goods  from  there,  so  as  to  undersell  them  a  little,  and  they  want, 
if  possible,  to  destroy  me." 

Q.  Were  the  goods  which  were  sold  in  the  ports  of  the  Dominican  Republic,  in  a  con- 
siderable measure,  imported  from  St.  Thomas.' — A.  Yes,  sir;  generally  speaking,  from  St. 
Thomas.  Almost  all  the  dry-goods  and  things  of  that  kind,  of  English  manufacture,  come 
to  San  Domiugo  by  way  of  St.  Thomas. 

By  Mr.  VlCKERS : 
Q.  Do  you  say  that  Mr.  Hatch  inclosed  to  you  a  certiricAte  of  a  number  of  "respectable 
gentlemen? — A.  Yes,  sir,  of  a  number  of  respectable  people  at  Burahona,  stating  that    he 
was  favorably  disposed  to  Baez  and  his  government,  and  was  doing  all  the  good  he  could 
there. 

By  Mr.  Howard  : 
Q.  Where  is  that  certificate  .' — A.  I  had  it.     I  think  it  is  in  some  of  the  papers  I  sent  on. 

By  Mr.  Ferry  : 

Q.  Signed  by  the  alcalde  and  others  ?—  A.  Yes,  sir. 

Q.  Go  on  with  your  statement  of  the  trouble. — A.  Things  went  on.  We  heard  of  wars 
and  rumors  of  wars  in  the  Province  of  Azua  constantly.  This  was  in  the  spring  of  1869. 
We  knew  that  Cabrul  had  marched  in  and  taUen  the  towns  of  Neyba  and  Barahona.  Mr. 
Hatch  was  in  liaralioiia  at  the  time  as  a  meichant  there.  The  Cabral  party  hold  it  some 
three  months,  from  May  luitil  August,  until  near  the  time  of  the  evacuation  on  the  28th  of 
August.  During  that  time  Cabral  s  force  held  Barahona.  Ho  had  there  about  two  hundred 
men,  which  is  considered  a  large  force  there,  and  with  that  force  lie  lield  the  place  for  some  three 
or  four  mouths.  Hatch  was  there,  and  consequently  during  all  that  time  I  had  no  communi- 
cation from  him,  because  there  was  no  way  of  sending  a  letter.  It,  is  only  twelve  or  four- 
teen liours'  sail  from  San  Domingo  by  sea;  but,  owing  to  the  revolution,  there  was  no  com- 
niuuicatioTi  by  land  or  sea.  'J'iie  latter  part  of  August  tin;  Baez  party  got  possession  of  Bar- 
ahona again,  the  (,"ubral  i)arty  evacuating.  I  heard  some  rumors  that  Hatch  had  been  ar- 
rested, and  I  went  and  asked  Mr.  Baez  about  it ;  but  he  could  not  tell  me  whether  it  was  the 
fact  or  not,  Hud  I  had  no  jiositivc,  grounds  to  supposo  .so,  because  San  Domiugo  is  a  very 
great  place,  for  rumors.  1  recc^ived  a  letter,  I  think,  dated  the  'iritii  of  August,  from  Azua, 
Irom  Mr.  Hatch,  stating  that,  on  the  2f:ith  of  August,  Barahona  had  been  evacuated  by  the 
order  of  tin-  government,  .and  ho  liad  been  brougiit  away  a  prisoner  to  Azua.  That  was  the 
first  knowledge  J  had  of  it. 

By  the  Chairman  : 

(^.  What  do  you  mean  by  that.'  Do  yon  mean  \\y  evacuation  that  all  the  inhabitants  wcr« 
ordered  out,' — A.  Pretty  much  nil  were  ordered  away,  'i'lie  evacuation  of  tln'  place  was  or- 
dered. I  do  not  know  how  long  it  had  been  bcfori-  liial,  that  the  Caliral  parly  had  left  the 
place  and  Baez's  troops  were  in  jiosscssion. 

By  Mr.  Ferry: 

</.  Co  •nwjlh  your  narrative. — A.  Mr.  Hatch   fold  me  that  he  was  in  Azua,  a  prisoner, 


DAVIS    HATCH.  153 

and  expected  to  be  brought  up  to  San  Domingo  City  for  trifil,  and  he  told  nic  in  this  letter 
that  there  was  no  cause  for  his  arrest.  I  was  very  much  surprised  at  it,  and  called  on  the 
President  and  asiced  liiin  what  it  meant.  Ho  said  that  ho  could  not  tell ;  that  he  had  not  jet 
received  the  proper  information,  &c.  I  fiuall}'  said  to  htm:  "  In  the  event  of  Mr.  Hatch 
being  brought  up  hero,  I  hope  you  will  not  attempt  to  put  him  in  prison  ;  if  you  will  allow 
him  to  stay  in  my  house  I  will  be  responsible  that  he  is  liaiided  over  to  you  any  time  you 
may  call  for  him."  Ho  told  me  that  if  there  was  nothing  positively  stning  against  Hatch 
he  would  not  liavo  any  objection  to  that.  Mr.  Hatch  was  brought  up  to  San  Domingo  City 
sometime  about  the  middle  of  September — I  think  about  the  12th — m  a  man-of-war.  I  re- 
ceived a  letter  from  him,  stating:  "I  am  a  prisoner  on  board  a  man-of-war  here,  and  I  am 
very  nnicli  afraid  they  may  perhaps  put  me  in  prison  on  ship ;  I  wish  you  to  exert  yourself 
as  much  as  possible,  and  endeavor  to  prevent  such  an  outrage."  It  was  on  Sunday.  I  im- 
mediately called  on  Mr.  Baez,  the  President,  and  told  him  the  case.  He  shrugged  his  shoul- 
ders, and  said:  "To-day  is  Sunday;  I  have  nothing  to  do  with  this;  it  is  a  matter  entirely 
with  the  authorities,  and  I  do  not  see  that  I  can  do  anything."  I  talked  to  him  pretty 
straightly ;  and,  finally,  he  said  :  '"'  The  best  thing  you  can  do  will  be  to  see  the  minister  of 
state;  you  will  find  him  at  home."  I  went  to  see  Gautier;  and  Gautier  and  I  had  some 
pretty  strong  talk  about  it.  I  said:  "Wh^',  you  are  not  certainly  going  to  imprison  the 
man  without  anything  against  him?"  Finally  he  told  me  that  1  had  better  go  and  see  the 
minister  of  war.  It  was  a  very  hot  day,  and  unpleasant  for  a  man  of  my  size  and  age  to  be 
running  about  in  this  way  ;  but  I  went  to  see  the  minister  of  war.'  The  minister  of  war  said 
to  me  :  "It  is  no  use  talking  ;  he  is  imprisoned  already."  They  had  imprisoned  liim  in  the 
Fort  of  San  Domingo  while  I  was  running  about. 

By  Mr.  ScHUltz : 
Q.  They  acted  with  great  duplicity,  it  seems  ? — A.  I  do  not  know  that  there  was  duplicity 
exactly ;  but  they  imprisoned  him  with  great  quickness.  Though  Sunday  was  a  kind  of  a 
holiday,  they  took  him  on  shore  and  put  him  in  the  prison.  Then  I  called  on  the  President 
and  asked  him  if  he  would  allow  me  to  visit  Hatch,  and  I  was  told  that  he  v.'as,  as  they 
term  it,  incommunicated  for  forty-eight  hours;  that  is,  that  no  one  would  be  allowed  to  see 
him  during  that  time.  After  the  expiration  of  the  forty-eight  hours  I  called  to  see  Mr. 
Hatch  and  Le  told  me  his  story.  It  appeared  tha^t  he  was  brought  up  there  for  the  ])urpose 
of  being  examined  by  the  fiscal,  as  they  call  him  there,  or  the  attorney  general,  and  I  was 
notified  to  attend  the  examination.  I  was  present.  He  remained  there  two  or  three  days 
after  that.  I  used  to  go  to  see  him  almost  every  day.  One  evening  I  received  a  note  from 
him,  about  six  o'clock,  begging  me,  for  Heaven's  sake,  to  do  something  for  him,  that  he 
feared  they  were  going  to  send  him  to  Azua  that  night.  I  immediately  ran  out,  and  went  to 
the  British  consul,  who  I  knew  was  a  great  friend  of  Hatch,  and  I  said  to  him,  "  Will  you 
join  with  me  to  try  and  see  if  we  cannot  possibly  persuade  Mr.  Baez  and  the  government  to 
allow  Hatch  to  remain  here,  and  have  his  trial  here?"  He  shrugged  his  shoulders,  and  would 
rather  not  have  anything  to  do  with  it.  I  knew  there  was  no  time  to  spare ;  so  1  ran  imme- 
diately to  Felix  Delmonte,  the  minister  of  justice,  who  was  under  great  obligations  to  me, 
because  I  had  put  him  in  that  ministry,  and  I  said  to  him,  "  Now,  you  must  show  your  friend- 
ship to  me;  I  want  to  save  Hatch  this  ignominy."  Said  he,  "It  must  be  done,  he  has  got 
to  go ;  but  I  pledge  you  my  word  of  honor,  in  a  most  confidential  manner,  that  not  a  hair  of 
his  head  shall  be  touched  ;  don't  speak  of  it ;  but  remember,  yoir  have  it  from  me  that  he  is 
not  to  be  hurt;  but  he  will  have  to  go  through  all  the  process."  I  went  to  the  prison  and 
said  to  Hatch,  "  You  must  make  up  your  mind  to  go  back  again ;  but  don't  be  frightened, 
you  won't  be  hurt ;  lam  satisfied  of  that ;  I  know  all  about  it."  They  took  him  down  to 
Azua  and  he  was  tried  in  a  very  summary  mauuer. 

By  Mr.  Howard  : 

Q.  How  far  is  Azua  from  San  Domingo  City  ? — A.  They  run  it  down  in  a  night  by  sea — it 
iB  a  bout  a  hundred  miles  by  land.  He  was  tried  and  condemned  to  be  shot.  I  knew  it 
was  all  a  farce,  because  I  understood  beforehand  that  he  would  be  pardoned.  A  messenger 
came  up  at  once  with  the  sentence,  and  Mr.  Baez  submitted  it  to  the  Senate  and  they  gave 
him  a  pardon  to  leave  the  country.  He  was  pardoned  absolutely  ;  but  with  the  condition 
that  he  should  have  his  passport  to  leave  the  country.  I  called  at  once  on  Delmonte,  the 
minister  of  justice,  and  asked  him,  "  Where  is  Hatch  now  ?"  "Oh,  "said  he,  "he  is  at 
liberty  in  Azua ;  it  is  a  free  pardon." 

Q.  Who  said  so?— A.  Mr.  Delmonte,  the  minister  of  justice.  It  turned  out  that  that 
was  not  the  case,  however.  Mr.  Baez  and  myself  always  talked  friendly — we  never  had  an 
unfriendly  word  ;  but  in  this  matter  I  told  him,  "  You  are  taking  a  wiong  step;  this  may 
be  a  very  serious  step  for  you  with  the  government  of  the  Uni  ed  States  ;"  and  I  tried  to 
persuade  him  to  have  nothing  to  do  with  it,  but  to  let  Hatch  go  free.     It  was  unavailing. 

By  Mr.  Ferry  : 

Q.  After  this  pardon,  of  which  you  have  spokeu,  did  you  receive  auy  communication 
from  Mr.  Hatch  ? — A.  Yes,  sir;  occasionally  I  got  a  letter. 

By  the  Chairman  : 

Q.  Did  you  ever  see  the  pardon,  as  you  call  it? — A.  Nothing  more  than  was  published 


154  DATIS    HATCH. 

in  the  uewspapers.     I  at  once  demanded  a  copy  of  the  proceedings  against  Mr.  Hatch,  and 
they  alleged  that  as  an  excuse  for  not  liberating  him  until  they  could   make  up  that  process. 

By  Mr.  ViCKERS: 

Q.  You  say  it  -vvas  a  free,  unconditional  pardon  ? — A.  Entirely  ;  any  further  than  that  he 
■was  to  receive  his  passports  and  leave  the  country. 

Q.  Is  the  newspaper  you  spohe  of  "the  Official  Bulletin?" — A.  Yes,  sir. 

Q.  Was  it  published  in  that  paper  ? — A.  Yes,  sir, 

Q.  Did  you  see  it? — A.  Yes,  sir;  and  I  think  I  have  a  copy  of  it  at  home,  at  my  house. 

By  Mr.  Howard: 

Q.  He  was  pardoned,  but  to  leave  the  country? — A.  Yes,  sir. 

Q.  Are  you  quite  confident  it  was  an  absolute  pardon,  with  the  direction  to  leave  the 
country,  to  take  effect  eo  instanti  1 — A.  I  understood  tliat  he  was  pardoned  and  would  receive 
his  passport  and  leave  the  country,  because  when  I  asked  Mr.  Delmonte  '"  Where  is  Hatch 
now?"  he  said  "  He  is  at  liberty  in  Azua,  I  suppose  as  free  as  you  are,  walking  about  there 
now."     I  inferred  from  Delmonte  that  it  was   an  unconditional  pardon.     I  understood  it  so. 

By  Mr.  Ferry  : 

Q.  After  you  received  these  letters  of  Mr.  Hatch,  did  you  call  again  upon  the  President? — 
A.  Yes,  sir;  I  had  frequent  interviews  with  President  Baez  in  regard  to  it,  but  he  always 
put  me  off,  stating  that  as  soon  as  they  could  get  the  proceedings  made  out  Mr.  Hatch  would 
be  set  at  liberty  and  could  go  where  he  liked  ;  but  I  never  could  get  the  proceedings  from 
them. 

Q.  Did  you  ask  for  them  ? — A.  Repeatedly. 

Q.  At  the  time  when  you  were  relieved,  what  was  the  condition  of  things  as  to  Mr. 
Hatch? — A.  They  were  in  statu  quo.  He  was  in  Azua;  no  proceedings  had  been  handed 
to  me,  and  I  informed  my  successor,  Mr.  Perry,  that  such  was  the  case. 

By  Mr.  Howard  : 

Q.  Did  not  President  Baez  give  some  excuse  or  reason  why  the  papers  had  not  reached 
him,  or  why  he  was  not  ready  to  release  Hatch? — A.  He  always  said,  "We  are  making 
them  up,  but  we  are  so  hurried,  and  we  have  so  much  to  do,"  and  he  put  me  off  in  that  way 
from  day  to  day.  He  said  that  as  soon  as  the  proceedings  were  properly  prepared,  they 
would  be  placed  in  my  hands.  I  told  him  I  should  have  to  send  them  home  :  I  appealed  to 
him  repeatedly. 

By  Mr.  Ferry  : 

Q.  Were  you  there  when  General  Babcock  arrived  the  first  time  ? — A.  I  was. 

Q.  Did  you  say  anything  to  him  about  Mr.  Hatch's  case? — A.  At  that  time  when  General 
Babcock  arrived,  I  was  not  aware  that  he  was  there  in  any  official  capacity ;  ho  was  intro- 
duced to  me,  I  Ihink,  on  the  evening  of  the  day  of  his  arrival,  by  Mr.  Fabens  at  my  house : 
and  aft(!rward  I  met  General  Babcock  once  or  twice ;  lie  came  to  see  me  once  or  twice,  and 
I  also  called  on  him,  but  Hatch  at  that  time  had  not  been  tried,  if  I  recollect  aright. 

Q.  General  Babcock  speaks  of  an  interview  between  yourself  and  President  Baez  when 
he  (General  Babcock)  was  present.  Do  you  remember  that? — A.  Very  well ;  I  cannot  rec- 
ollect what  date  that  was;  General  Babcock  was  there  some  six  weeks,  I  believe;  I  recol- 
lect that  interview  perfectly  well;  I  never  was  apprised  that  General  Babcock  was  there 
upon  an  oflicial  visit  at  all  until  the  arrival  of  the  Tuscarora,  because  I  was  not  at  all  iuti- 
niale  witJi  Cuzneau  or  Fabens  ;  my  son  and  I  rather  imagined  that  lie  was  there  more  to 
look  into  things  than  to  act. 

Q.  Do  you  remember  the  date  of  the  arrival  of  the  Tuscarora  ? — A.  It  may  have  been 
about  the  '.id  of  September,  but  I  am  not  confident  as  to  that.  I  think  it  was  about  that 
time.  I  know  I  was  very  much  agitated  when  she  arrived,  in  consequence  of  the  death  of 
my  nephew,  two  d/iys  before,  at  sea,  who  was  assistant  j)aymaster  on  tiie  ship.  The  news 
of  his  death  astonished  me  very  much  when  she  arrived,  and  I  may  therefore  have  forgot- 
ten the  precise  date. 

C^.  Was  there  any  discussion  with  regard  to  Mr.  Hatch  after  the  Tuscarora  arrived? — A. 
When  the  Tuscarora  arrived  Captain  (Jucen  did  not  come  on  shore.  Some  of  tiio  officers 
came  ashore  in  the  evening  and  I  asked  who  commanded  tlie  ship.  They  told  mo  Captain 
Queen,  and  gave  me  information  about  the  death  of  my  nephew,  and  oni-  of  tli(>  officers  said, 
"  I  have  a  dispatch  to  deliver  to  General  IJabcock."  I  told  my  son,  Mr.  .John  P.  Smith, 
deputy  consul  of  the  United  Slates,  a  gentleman  of  forty  y<'ars  of  age,  with  a  commission 
from  Mr.  Sewanl — I  want  to  let  you  know,  gentlemen,  that  Mr.  Sinitli,  deputy  consul,  had  a 
commission  from  llie  government — "  I  wa!il  you  to  go  to  see  (ieiieral  Babcock  and  speak 
of  Mr.  Hatch's  case  to  iiini  particularly."  lli^  went  around  with  the  oflicer  and  he  talked 
with  Gen(-ral  Babcock. 

By  Mr.  Howard  : 

(^.  Were  you  present?  —  A.  That  was  in  the  hotel.  I  s<>nt  my  son  to  the  hotel  to  Gen- 
eral Babcock.  My  son  told  ni(^  the  conversation,  w  Iiich  is  pretty  miu'h  the  same  as  (Jenoral 
Babcock  stated  in  his  testimony.     Captain  (iucen  landed  on  the  following  day.     My  son 


I 


DAVIS    HATCH.  155 

went  on  board  the  frig^ate  in  llie  inoniinw,  imd,  of  course,  as  consul  of  the  United  States,  foi 
he  represented  me;  they  fvave  him  a  salute  of  seven  fjuus.  Captain  Queen  came  on  shore 
and  paid  his  respects  to  me.  The  first  tliingr  I  asked  him  was  whether  he  could  not  go  down 
to  Azua  and  look  into  Hatch's  affair,  and  see  the  man.  Said  he,  "I  am  under  orders  to 
General  Babcock."  I  knew  already  that  there  was  a  dispatch  for  General  Babcock. 
Captain  Queen  said,  "  I  would  like  to  do  it  very  much  ;  will  you  make  a  mfimorandum  for 
me  as  to  Mr.  Hatcli  ?"  I  wrote  off  a  few  lines,  handed  them  to  Captain  Queen,  and,  of 
course,  that  was  all  I  could  do  in  the  business.  General  Babcock  was  not  inclined  to  let 
the  ship  go»down  there,  and  Captain  Queen  had  no  instructions. 

By  Mr.  Fkkky  : 

Q.  State  what  the  Horau  case  was. — A.  I  am  very  well  acquainted  with  Mr.  Horan;  I 
have  known  him  a  good  while.  He  was  formerly  a  merchant  in  Curaeoa  for,  I  suppose, 
nearly  thirty  years,  and  was  induced  to  go  to  Sauiana  and  build  a  large  store  there.  It  is 
the  best  in  the  place.  He  thought,  perhaps,  there  would  be  an  opportunity  of  doing  business 
there.  I  3-eceived  frequent  letters  from  him.  The  letter  which  has  been  produced  here  is 
one  that  he  wrote  to  me  stating  that  Luperou  was  tiring  on  the  town  ;  that  a  ball  had  passed 
through  his  house,  whether  accidentally  or  not  he  could  not  say ;  and  he  begged  I  would  do 
something  to  protect  him.  That  was  the  substance  of  the  letter.  I  put  it  aside,  because  a 
gentleman  arrived  from  there  a  Hay  or  two  following,  who  told  me  "Horan  says  you  will 
hear  from  him  by  and  by,  but  he  is  on  shore  now  ;  he  is  not  in  duress  in  any  way."  Shortly 
after  that  the  Tybee,  Spof^ord  &  Tilestou's  vessel,  towed  up  the  two  armed  schooners. 
The  moment  I  got  Horan's  letter  I  called  on  the  President,  and  said  :  "  Can  you  do  anything 
for  him?"  He  said,  "  I  have  no  man-of-war  ;  I  can  send  nothing  there  to  help  him  if  he  is  in 
trouble."  Said  I,  "It  will  take  forty  days  before  I  can  v/rite  to  the  United  States  and  get 
an  answer;  I  must  write  by  way  of  St.  Thomas."  I  explained  the  whole  matter  to  Mr. 
Baez.  Shortly  after  that,  in  a  i'ew  days,  the  steamer  Tybee,  on  her  first  voyage,  as  she  was 
going,  agreed  to  tow  up  two  schooners  of  war  that  were  armed,  with  a  great  many  men  on 
board,  besides  guns,  to  go  up  and  attack  the  steamer  Telegrafo,  that  was  in  Samana  Bay. 
The  steamer  towed  those  vessels  up,  and  it  appeared  there  was  a  slight  kind  of  skirmish  for 
a  little  while,  and  Luperon,  in  his  vessel,  sailed  away. 

By  Mr.  Howard: 

Q.  Luperon  had  command  of  the  Telegrafo  ? — A.  He  commanded  the  Telegrafo  ;  Lupe- 
ron was  formerly  one  of  the  triumvirate.  General  Pujol  was  (also  on  board  of  her,  who 
was  here  once  as  plenipotentiary  from  General  Cabral,  to  sell  Samana,  some  three  years  ago. 
The  Telegrafo  went  away  and  shortly  after  that  Mr.  Horan  came  over  to  see  me,  and  spent 
two  or  three  days  with  me,  and  told  me  all  about  it,  and  about  the  affair  of  the  Telegrafo. 
He  said  that  the  shot,  no  doubt,  was  accidental ;  but  Luperon  is  a  very  stern  man,  and  he 
arrested  him  and  took  him  on  board  the  vessel  and  made  him  show  his  books,  as  he  was 
charged  with  selling  powder  to  the  people  there.  I  believe  he  disproved  it,  to  the  satisfaction 
of  General  Luperou,  and  then  Luperon  treated  him  very  kindly — went  ashore  with  him  and 
bought  a  great  many  goods  of  him — and  the  trouble  ceased  entirely.  When  he  came  to  see 
me  ho  wanted  me  to  appoint  him  vice-commercial  agent  at  Samana,  as  a  mere  matter  of  pro- 
tection. 

By  Mr.  Fekhy  : 

Q.  How  long  after  this  was  it  that  General  Babcock  asked  you  for  Horan's  letter  ? — A.  It 
was  just  before  the  general  sailed  in  the  Tybee  for  New  York;  it  was  a  day  or  two  before 
he  sailed  ;  he  came  in  there  and  asked  for  it ;  I  had  almost  forgotten  about  the  letter  ;  I  did 
not  file  it  with  my  official  letters  and  put  it  with  my  private  papers  in  my  desk,  as  I  knew 
I  should  see  Horan,  for  I  heard  he  was  coming  over  very  soon.  When  General  Babcock 
asked  for  the  letter  I  was  not  certain  that  I  could  find  it,  as  I  sometimes  destroy  letters  that 
I  think  are  of  no  use ;   I  found  it,  however,  and  had  no  objection  to  giving  it  to  him. 

Q.  What  do  yoii  know  about  the  Danish  bark  Roto  ? — A.  Mr.  H^itch,  as  a  merchant  at 
Barahona,  was  in  the  habit  of  collecting  large  quantities  of  wood,  and  he  had  loaded  two 
or  three  vessels.  Finally  a  vessel  came  from  St.  Thomas.  It  is  necessary  that  any  ves- 
sels coming  from  other  ports  into  San  Domingo  pay  their  port  charges  and  take  what  they 
call  a  coast  license,  which  is  a  dollar  a  ton,  extra.  The  vessel  came  down  from  St.  Thomas 
loaded  for  Mr.  Hatch,  but  the  Baez  government  would  not  allow  her  to  proceed  to  Bara- 
hona, ai  d  ho  was  compelled  to  take  freight  elsewhere  at  San  Domingo  City.  The  people 
in  St.  Thomas  hearing  this,  and  that  Cabral  held  Barahona,  chartered  this  unfortunate  Dan- 
ish vessel,  and  knowing  that  they  could  not  send  her  to  San  Domingo  and  pay  the  port 
charges,  they  sent  her  direct  to  Barahona.  She  had  nothing  on  board  but  a  few  barrels  of 
ale  or  something  of  that  kind.  I  know  it  because  the  cargo  was  advertised  for  sale  in  San 
Domingo.  She  went  down  and  when  she  got  near  the  bay  of  Neyba  she  was  met  by  the  Cap- 
otilla,  and  captured  and  brought  into  San  Domingo  Citj-.  The  captain  appealed  to  the 
Danish  consul,  but  he  told  me  that  that  officer  was  very  inefficient,  and  he  could  give  him 
no  advice,  and  he  was  advised  to  come  to  see  me.  I  told  him  it  was  a  delicate  matter  for  mo 
to  give  advice  when  his  own  consul  was  in  San  Domingo  City,  and  would  have  nothing  t* 


156  DAVIS    HATCH. 

ilo  with  it;  but  if  it  was  either  au  English  or  au  American  vessel  perhaps  it  would  have  been 
Vjry  dift'ereut.  However,  the  poor  man  took  it  to  heart  so  much — a  great,  big,  stout  man — 
that  he  took  the  dysentery  and  died.     Tiie  vessel  was  confiscated  and  sold. 

Q.  State  what  yoii  know  of  the  Telegrafo. — A.  The  Telegiafo  was  commanded  by  Gen- 
eral Luperon,  and,  as  I  luiderstood,  had  on  board  General  Pimentel  and  General  Curiel,  all 
men  of  very  high  standing. 

Q.  What  had  she  been — a  merchant  vessel  of  any  kind  ? — A.  I  tmderstand  she  had  for- 
merly been  a  blockade-runner  during  our  war,  and  was  sold  in  St.  Thomas.  There  were  a 
great  many  of  those  vessels,  which  were  pretty  last  steamers.  I  think  her  nani«  originally 
was  Red  Bird,  or  something  of  that  kiu<l.  She  was  sold  in  St.  Tiiomas,  and  bought  by  some 
house  there,  and  they  changed  lier  name. 

By  Mr.  Schlrz  : 
Q.  What  kind  of  a  -vessel  was  she  ? — A.  A  small  steamer.  She  was  very  low  on  the 
water;  I  think  a  vessel  of  400  or  500  tons.  She  was  sold  there  to  some  English  house.  A 
great  many  of  the  Cabral  party  resided  in  St.  Thomas,  and  perhaps  they  chartered  her  for 
so  many  months,  or  something  of  that  kind.  However,  they  got  her  away,  and  our  consul 
there  was  very  much  censured  for  it.  I  believe  she  first  was  put  under  tin;  American  flag, 
and  the  consul,  ilr.  Robinson,  was  very  much  censured  fur  allowing  the  change  of  papers. 
1  do  not  know  but  that  it  caused  his  removal.  He  had  oul^-  been  there  a  shoi  t  time.  She 
went  to  sea  armed,  with  General  Luperon  on  board,  and  appeared  oft"  Puei to  Plata,  and 
frightened  the  people  somewhat  firing  on  the  town  first  under  one  Hag  and  then  under 
another.  That  is  nut  unusual,  however,  because  they  do  not  ulwa^'s  hoist  their  true  flags 
at  such  times.  She  afterward  appeared  before  Samaua  and  took  the  place.  The  Telegrafo, 
of  course,  vias  denounced  by  Mr.  Baez,  as  a  pirate  ;  but  she  was  not  a  pirate.  She  was 
making  war  on  Mr.  Baez's  government,  the  same  as  General  Cabral  was  iu  the  Province  of 
Azua.     It  was  all  a  part  of  the  same  revolution. 

By  Jlr.  Williams  : 

Q.  Do  you  know  the  fact  that  she  interfered  with  any  of  our  American  ships  .' — A.  I  only 
know  that  Mr.  Horan  told  me  there  was  a  little  American  schooner  belonging,  I  tliink,  to 
two  persons  residing  at  Samana,  who  had  been  there  a  short  time ;  and  Mr.  Horan  told  me, 
that  the  instant  Luperon  took  charge,  he  was  determined,  of  course,  to  collect  all  the  port 
charges  of  a  regular  government;  and  this  schooner  tried  to  run  away  in  the  night  to  avoid 
paying  port  charges,  and  Luperon  sent  and  brought  her  back. 

By  Mr.  Vickers  : 

Q.  Do  you  know  anything  of  the  bill  of  health  that  has  been  spoken  of  .' — A.  Only  iVom 
hearsay;  I  know  nothing  about  it  myself. 

Q.  Do  you  know  the  date  of  that.'  Was  it  when  Cabral  hud  possession? — A.  Cabral 
unquestionably  liad  ])ossessi(m  of  the  place  for  a  long  time. 

Q.  Was  it  during  that  time  ? — A.  Yes,  sir.  Allow  mi;  to  tell  you  that  while  General  Lu- 
peron Avas  away  from  Samana  in  the  Telegrafo  he  touched  oft"  Saona,  and  they  liad  to  cut 
wood  ;  they  were  out  of  coal,  and  went  down  to  Barahona.  On  his  way  down  he  met  with 
one  or  two  or  three  Dominican  vessels,  and  captured  them  and  carried  tliem  into  Barahona; 
and  when  he  was  there  I  believe  he  had  an  interview  with  General  Cabral,  who  finally 
agreed  to  put  their  guns  ashore  and  return  to  St.  Thomas  ;  and  I  suppose  that  was  the  end 
of  the  crui:-e.     Then  the  difficulty  arose  in  regard  to  the  vessel  at  St.  i'liomas. 

By  Jlr.  How.AriD : 
Q.  Explain  what  a  bill  of  health  is. — A.  A  bill  of  health  is,  to  certify  to  the  healtii  of  the 
place.  This  government  generally  requires  a  bill  of  healtli  frtan  the  place  from  which  each 
vessel  starts,  and  generally  prefers  that  the  bill  of  health  shall  lie  issued  by  our  consul,  though 
it  is  customary  in  many  juiris,  where  the  bill  of  health  comes  Iruin  the  iiutiiorities  of  the  port, 
merelj'  to  liave  it  certified  as  true  Jt  is  not  so  with  us.  I  had  jiriuted  bills  of  health  sent 
out  to  me  by  llie  government  of  the  United  States,  certifying  in  this  form  :    "  I  certify  that 

I, ,  consul,  <lo  hereby  c^•rtify  tiuit  the  brig ,  master ,  belonging  to 

,  lif  so  many  tons  and  —  guns,  (whether  she  has  any  guns  or  not,)  and  liaving  so 

uiany  crew  and  so  many  jiassengers,  lieing  in  all  so  many  persons  on  board  of  said  vessel ; 
and  I  do  further  certify  lliat  no  cunlagious  disease  or  epidemic  exists  in  thi.s  jKirl."  'I'hut  is 
what  is  called  a  clean  bill  of  iiealth. 

By  the  (JiiAiUMAN  : 
<,^.  Has  anybody  the  right  to  issue  that? — A.  None  but  an  authority.  It  would  not  be 
recognized  coming  from  anyixtdy  but  an  authority;  but  there  was  no  authority  there  except 
the  Cabral  [larty.  Whether  Hatch  ever  did  sign  ii  docunicnt  of  that  kind  or  not,  1  cannot 
tell;  but  tliat,  I  was  told,  was  one  of  the  charges  bmnght  against  him.  I  know  nothing 
about  it. 

By  Mr.  HowAUl>: 

t^.  Kobody  but  an  official  could  properly  sign  u  bill  of  health  ? — A.  No. 


DAVIS    HATCH.  157 

By  Mr.  SCHOU/. : 

Q.  Snpposo  there  wore  iu>  official  there  / — A.    Hatch  was  well  known  in  St.  Thonian, 
because  he  had  been  ii  preat  deal  there  ;  ho  was  known  to  the  people,  and  perhaps  they  might 
have  said,  "  Hatch,  sif^n  this  and  we  shall  not  be  quarantined." 
By  the  Chamsmax  : 

Q.  Would  that  confer  the  lijjht  on  him  to  give  a  bill  ot"  health? — A.  Oh  no,  there  would 
be  no  right  about  it.     I  do  not  know  that  he  ever  did  it. 
By  Mr.  Waknkr  : 

Q.  Do  you  know  ^vhether  Baez,  ur  the  officers  of  his  government,  charged  Mr.  Hatcli 
with  liaving  signed  the  bill  of  health  of  the  Telegrafo  ? — A.  I  never  saw  the  proceedings 
against  him  :  I  cannot  say,  but  I  have  heard  it  mentioned. 

Q.  Did  you  ever  hear  Mr.  Baez,  or  any  officer  of  his  government,  charge  Mr.  Hatch  with 
it  in  conversation  with  you  ? — A.  No,  I  cannot  say  that  I  did  ;  and  yet  it  is  possible  that  I 
may  have  heard  it.  Delmonte  and  I  used  to  talk  a  great  deal  together.  It  is  possible  that 
he  may  have  mentioned  to  nie  that  Hatch  gave  a  bill  of  health  ;  but  I  do  not  remember  it. 
I  want  to  make  one  observation  to  the  committee  while  I  am  on  the  subject  of  the  Telegrafo. 
She  was  out  of  coal  and  was  waiting  in  Samana  Bay  for  a  vessel  from  St.  Thomas.  It  so 
happened,  that  a  day  or  two  after  she  ran  avvay,  and  these  two  vessels  of  war  were  lying  in 
Samana  Bay,  there  came  in  a  British  sloop  with  coal  and  other  matters  for  Luporon — you 
may  say,  bringing  him  aid  and  comfort.  She  was  seized  ;  but  when  the  British  consul  talked 
to  Mr.  Baez,  the  vessel  was  given  up.  It  was  not  the  Danish  consul  he  had  to  deal  with  ; 
he  did  not  snub  Great  Britain.  I  want  to  say,  furthermore,  in  regard  to  Mr.  Baez  not  allow- 
ing the  vessel  that  oume  down  to  Hatch  to  proceed  to  Barahona,  because  it  was  in  posses- 
sion of  the  enemy  there,  that  at  the  time  Mr.  Baez  held  San  Domingo  City,  and  General 
Santana,  during  their  wars,  held  Barahona,  the  British  consul  told  me  that  a  vessel  came  for 
some  purpose  to  go  there  and  take  British  wood  tliat  belonged  to  British  merchants  from 
Barahona  and  carry  it  away.  Mr.  Baez  said  :  "  No  ;  you  cannot  go,  because  it  is  in  posses- 
sion of  the  enemy."  Sir  Kobert  Schamburg,  a  very  distinguished  man,  was  the  then  British 
consul  general  in  San  Domingo,  and  he  said  :  "As  consul  general  here,  I  will  not  allow  Brit- 
ish interests  to  suffer  from  your  constant  revolutions  :  this  vessel  must  go  on  :'"  and  Baez  let 
her  go  on,  and  she  went  down  there  and  loaded  and  went  away. 

Q.  Did  you  hear  in  San  Domingo  that  Mr.  Hatch  was  charged  with  having  signed  the 
bill  of  health  for  this  Cabral  vessel,  the  Telegrafo  ? — A.  I  heard  it  spoken  of  that  lie  had 
signed  a  bill  of  health. 

Q.  By  whom  was  that  spoken? — A.  It  was  common  conversation;  but  I  paid  very  little 
attention  to  reports  of  that  kind.  I  heard  it  mentioned  :  it  was  not  news  to  me :  it  was 
mentioned  as  one  of  the  charges. 

By  Mr.  Vickers  : 

Q.  Do  you  know  the  character  of  the  murdered  sailor  ? — A.  It  was  a  most  outrageous 
murder.  I  knew  all  about  it,  and  for  this  reason  :  I  incline  to  think  the  captain  was  on 
my  balcony  at  the  time  he  received  news  that  a  man  had  been  stabbed.  We  sent  for  a  doc- 
tor immediately.  Tiie  captain  asked  me  where  we  could  find  a  doctor ;  I  said,  "  I  cannot 
tell  you;  the  principal  doctors  that  I  used  to  know,  Dr.  Delgado,  «fcc.,  are  in  exile;  but. 
run  around  the  corner  to  the  druggist's  store,  close  by,  and  I  will  send  a  servant  with  you, 
and  the  druggist  can  tell  you  where  you  can  get  a  doctor."  He  went  there  ;  but  before  the. 
doctor  could  get  on  board,  the  man  was  dead.  Ho  was  taken  to  the  hospital,  and  there  was 
a  post-mortem  examination.  1  saw  the  man;  he  was  stabbed  through  the  heart,  for  I  saw 
his  heart.  I  buried  him,  and  then  I  demanded  the  prisoner  to  send  him  home  to  the 
United  States;  but  the  Dominican  government  insisted  on  their  jurisdiction.  I  knew  they 
had  a  right  to  it,  as  it  was  in  their  port ;  but  still  I  tried  to  induce  them  to  let  me  send  him 
home  in  irons  for  trial.  Finding  that  thej'  insisted  on  trying  him,  I  sent  for  the  crew  and 
examined  every  man,  and  I  sent  the  affidavit  of  every  seaman,  and  of  the  mate,  to  the  Sec- 
retary of  State  of  tlie  United  States,  and  those  affidavits  are  now  in  the  State  Department. 
It  was  a  long  time  before  the  man  was  tried — perhaps  two  or  three  months  ;  but  then  it  was 
not  my  business  to  interfere — the  matter  was  off  my  shoulders.  Finally,  he  ^vas  tried  and 
condenmed  to  some  years  imprisonment,  and  I  saw  him  creeping  around  the  streets  with 
chain  and  ball,  working  with  the  felons  on  the  public  squares.  That  is  all  I  knew  about  the 
man,  until  one  day  my  son  picked  up  the  paper  and  said,  "Halloa,  that  fellow  has  been 
pardoned  !"  and  we  found  that  he  had  been  pardoned. 

Q.  Was  it  a  very  flagrant  murder  ? — A.  A  perfect  outrage.  The  two  men  had  been  fight- 
ing on  shore,  as  has  been  stated  ;  but  they  got  on  board  the  vessel,  and  the  murderer  lunt  got 
his  supper  and  was  smoking  his  pipe;  and  finally  both  came  together  and  high  words  took 
place,  and  this  man  asked  a  comrade  for  a  knife,  and  took  the  knife,  rushed  at  the  other  man, 
and  stabbed  him.     There  was  a  terrible  time  on  board  the  vessel. 

By  Mr.  Howard  : 

Q.  Was  it  not  the  result  of  a  drunken  frolic  ? — A.  Th^y  had  been  drinkirg  on  sLor\  bu 
the  man  was  not  drunk  when  he  stabbed  his  comiade,  as  they  said  :  but  no  duubt  hi  wa 
suffering  somewhat  from  the  effects  of  liquor. 


158  DAVIS    HATCH. 

By  Jlr.  Ferry  : 

Q.  It  has  been  stated  here  that  General  Baez  charge!  you  with  being  a  friend  of  tke 
Cabral  part}-.  What  have  you  to  say  to  that? — A.  That  to  me  is  the  most  astonishing 
thing  I  ever  heard  in  my  life.  I  will  tell  you  the  story  in  a  few  words.  Previous  to  Ca- 
bral's  leaving  San  Domingo,  at  the  time  of  the  successful  revolution  of  Baez,  Mr.  Felix 
Delmonte  took  refuge  in  my  house.  The  town  then  was  besieged  by  the  Baez  party.  They 
were  firing  on  it  all  the  time.  I  told  him,  "There  is  no  doubt  Cabral  will  have  to  give 
up;  he  will  have  to  go  away;  he  will  have  to  capitulate."  We  used  to  talk  every  night  ; 
and  I  said  to  him  that  I  wanted  to  be  on  the  most  friendly  terms  with  Baez  whenever  he 
should  come  in,  and  that  I  v.-anted  to  cany  out  some  ideas  which  I  had  with  regard  to  the 
relations  of  the  country  with  the  United  States,  and  I  mentioned  Samana  to  him.  I  had 
already  had  power  from  President  Johnson  to  purchase  Samana.  I  had  full  power  to  pur- 
chase Samana,  as  Mr.  Seward  did  not  succeed  when  he  went  out  in  the  Gettysburg.  She 
had  come  out  there  at  m}'  re([uest.  I  held  two  powers  from  the  government  at  Washington, 
one  to  purchase  Samana,  and  the  other  to  nuike  a  commercial  treaty.  I  made  a  commer- 
cial treaty — the  only  one  ever  made  with  San  Donungo— and  a  treaty  of  extradition.  Delmonte 
said  to  me,  "My  friend,  wait  until  Baez  comes,  and  you  and  I  can  do  everything  we  want." 
He  was  a  great  friend  of  Mr.  Baez's  coming  in.  Baez,  a  short  time  after  his  arrival,  sent  for 
me,  and  said,  "Consul,  I  want  you  to  do  me  a  favor."  I  asked  him,  "  What  is  that  ?"  Said 
he,  "  I  want  you  to  persuade  Delmonte  to  come  into  the  ministry."  Said  I,  "  I  have  always 
recommended  him  to  do  so.  I  want  yon  to  be  surrounded  by  good  and  trui;  men — men  of 
intellect."  Felix  Delmonte  is  a  very  intelligent  man,  a  great  lawyer.  Baez  said  to  me. 
"Do  try  and  persuade  him  to  come  into  the  ministry."  I  went  to  Delmonte's  house  and 
met  Gautier  there;  he  was  trying  to  coax  liim,  but  it  had  no  effect. »  I  saw  him  and  said. 
"Now,  Delmonte,  I  have  been  a  friend  of  yours  ;  you  must  go  into  the  cabinet  of  General 
Baez."  Said  he.  "My  friend,  I  am  a  poor  man,  and  in  case  Cabral  should  come  back 
here,  it  would  be  the  ruin  of  me."  Then  said  I  to  him,  "You  know  that  General  Cabral 
knows  me  very  well,  and  his  party  do,  because  I  had  twent)--t\vo  of  them  in  asylum 
in  my  house  for  a  long  time,  and  they  have  been  under  some  obligations  to  me.  Be 
afraid  of  no  danger;  1  will  protect  you  in  the  event  of  any  dilSculty."  Well,  through 
my  persuasions,  lie  was  induced  to  take  the  place  and  become  a  cabinet  minister.  Then  he 
and  I  and  Baez  commenced.  I  ibrwarded  to  Mr.  Seward  ofters  of  annexation  ;  I  asked  for 
protection  for  Mr.  I3aez  ;  and  as  an  ultimatum,  if  our  government  would  not  do  either,  I 
sent  word  that  the  Dominicans  wanted  money  so  bad  that  they  would  sell  Samana.  I  kept 
that  up  during  the  whole  of  the  3'ear  ISlii^,  until  the  month  of  November.  Mr.  Seward  was 
constantly  replying  to  nie,  that  as  to  protection  it  was  an  act  of  war  and  a  very  delicate 
matter  ;  and  in  regard  to  the  other  propositions  he  wrote  me  to  this  elfect :  "  Mr.  Smith,  not- 
withstanding the  merits  of  the  case,  there  are  times  when  circumstances  place  an  adminis- 
tration in  such  a  position  that  what  they  might  do  at  other  times  they  cannot."  You  under- 
stand what  that  meant.  Mr.  Johnson  was  in  trouble.  That  is  what  he  alluded  to.  Mr. 
Seward  wrote  me  frequently  about  annexation,  and  kept  it  up  until  the  month  of  February, 
1809.     Mr.  Seward  was  favorable  to  doing  something  with  San  Domingo. 

])y  Mr.  Fkkkv  : 
(■l.  General  Babcock  states  that  General  Baez  said  to  him  that  you  were  in  the  interest  of 
Cabral,  and  they  bc'lieved  you  were  in  communication  with  liim,  and  that  your  ofHce  was 
used  as  a  means  of  communication  with  the  Cal)ral  force  that  was  trying  to  be  raised  against 
the  republic.  Is  tiiero  any  truth  in  that  at  all  .' — A.  Not  a  word.  If  you  will  listen  to  what 
I  am  stating,  it  will  convince  you  by  circumstances.  Mr.  Baez  sent  for  me  in  November : 
ho  used  to  send  for  nu^  three  or  four  times  a  day.  I  went  to  see  iiim  at  his  recpiest  about 
the  Hth  or  Itjtli  of  Novc^mber,  Iritid,  and  he  said,  "  I  want  3'ou  to  do  something  for  me."  I 
asked  liim,  "Wliatisit?"  He  said:  "Will  you  send  word  for  me  to  the  United  States.' 
I  v.-ant  to  send  a  jiroposiiion  to  your  government."  I  said  to  him,  "  Make  it  out;  send  Del- 
monte to  nie ;  let  me  know  the  nature  of  it,  and  I  will  send  my  son  homo  with  it.  But,  Mr. 
Baez,  as  he  is  going  home  on  your  account,  you  will  iiave  to  bear  the  expense."  Mr.  Baez 
said:  "Consul,  wu  uie  very  jioor  ;  I  have  not  got  a  dollar;  but  ni'U'X  the  business  is 
finished,  if  .you  are  at  any  expense,  which  you  will  be,  of  course,  I  will  pay  you.  "  I 
said:  "I  cannot  say  whether  my  government  will  lie  willing  to  pay  your  messenger; 
but  I  will  see  what  I  can  do."  I  went  to  see  a  friend,  and  said  to  him  :  "  1  want  a  thousand 
dollars  to  send  my  son  home  with  a  pri)|)()sition  to  the  United  States  government."  He  told 
me,  "  You  can  have;  anything  you  want."  I  told  my  son  to  get  ready  to  tnke  the  ju'oposilion 
to  the  United  Staters.  'J'hnI  did  not  look  iike  being  nnfrieiidly  to  Mr.  ]{aez.  My  son  cainci  home: 
ami  he  was  the  cause  ol  the  paragraph  in  President. lohnson's  mosage  of  December,  18(J8 — 
the  last  message  which  lie  sent  to  Congress — stating  that  the  time  had  arrived  when  it  was 
necessaiy  to  look  into  the  atlairs  of  San  Domingo.  No  doubt  llie  gentlemen  of  the  committee 
will  remember  a  very  favorable  passage  in  President  Johnson's  annual  message  of  Decem- 
ber, If^tiri.  I  mention  that  to  show  how  fals('  any  charge  or  insinuation  of  my  being 
unfriendly  to  President  I'.acz  is.  'I'liat  was  all  got  up  by  Cazneau  and  I'abens.  They 
wanted  to  destroy  me  becau.sc  I  was  opposed  to  concessions.  There  is  the  whole  story  iu 
ft  few  words.     I  continued  to  receive  confidential  letters,  some  of  them  eight  pages  long. 


DAVIS    HATCH  159 

from  Mr.  Seward,  to  coinmimicatothc  conteutsto  President  ]5ac/5,  audi  wroto  hiin  tliirty-two 
letters  on  the  subject.  After  Mr.  Seward  went  out,  I  commenced  my  correspoufjtjuce  with 
Mr.  Fisli,  and  reiterated  what  I  had  said  to  Mr.  Seward,  and  told  him  that  Baez  wanted 
$'200,000  or  §3U0,0*)0,  and  one  or  two  men-of-war  to  protect  him.  I  said  to  liaez  one  day, 
"  What  is  the  use  of  my  doin^  all  this  for  you  when  you  are  employing  that  go-between 
Fabens  who  runs  backward  and  forward?"  "Sir,"  said  he,  "  he  is  not  my  agent,"  and 
ho  lifted  his  hand  under  the  very  arch  of  the  catlicdral  and  said,  "  By  Jesus  Christ,  he  is 
not."  Delmonte  said,  "  He  is  not ;  no  one  but  yourself."  Mr.  Caez  sent  for  me  shortly 
after  that  and  told  me,  "  Consul,  I  waut  to  tell  you  something."  This  was  in  April,  ISiVJ. 
Mr.  Babcock  left  in  July,  and  things  had  changed.  In  April,  the  time  to  which  I  have  just 
alluded,  Baez  sent  for  mo  and  told  me,  ''Consul,  do  you  know  I  have  just  received  a  letter 
from  the  minister  for  foreign  relations  in  Hayti,  at  Port-au-Prince,  stating  that  our  charge 
d'atYaires  at  Washington  has  communicated  to  us  that  a  Mr.  Fabens  is  running  backward  and 
forward— it  is  so  reported — to  General  Grant,  olYering  the  annexatiou  of  the  couutry  of  Sau 
Dom'ngo,  and  this  causes  great  uneasiness  to  the  Haytien  government."  Mr.  Baez  told  me 
to  write  at  once  to  the  Secretary  of  State  and  tell  him  "Mr.  Fabens  has  not  got  that  much 
authority"  (snapping  his  fingers)  "  from  me  to  do  anything  of  the  kind  ;  he  is  injuring  me 
very  much  by  bringing  this  thing  before  the  public,  whereas  all  our  business  with  you  has 
been  done  secretly;  and  we  want  it  not  to  be  known,  for  fear,  if  it  should  fail,  it  would  over- 
throw me  here  ;  wo  want  to  keep  it  a  secret,  and  do  it  quietly  until  I  know  I  am  sustained 
by  the  United  States  government." 

By  Mr.  Howard  : 
Q.  W^ho  said  this  to  you? — A.  President  Baez.  I  wrote  to  that  effect  to  Mr.  Fish,  but  I 
never  got  more  than  one  letter  or  so  from  Mr.  Fish  after  he  came  into  office.  I  heard,  though, 
that  my  letter  caused  grave  disquietude  ;  that  Mr.  Fish  even  sent  on  to  New  York  lor  the 
late  Attorney  General,  Mr.  Evarts,  on  account  of  Spoft'ord  &.  Tileston,  and  they  came  and 
looked  at  the  letter.  Mr.  Evarts  saw  it,  at  all  events.  My  letter  made  quite  a  uoise  about 
Fabens.  Baez  kept  constantly  asking  me,  "  Do  you  hear  anything  from  your  government  ?" 
I  told  hiui  no ;  1  got  no  replies.  Fabens  was  running  backward  and  forward,  and  liud- 
ing  that  I  did  not  hear  from  JNIr.  Fish,  as  I  used  to  hear  from  Mr.  Seward,  constantly,  Baez 
thought  I  had  no  longer  any  influence,  and  he  began  to  look  to  those  whom  he  supposed  had. 
He  was  so  sure  of  it  at  one  time,  that  in  a  conversation  at  his  house  he  said,  "  Well,  if  we 
are  a  State,  who  will  be  senators  ?"  Said  I,  "  You  will  be  one."  Said  he,  "  Y'ou  will  be  the 
other."  Mr.  Charles  H.  Neall,  of  New  Y'ork,  was  sitting  there  at  the  time,  and  Baez  took 
me  by  the  arm  and  we  v/alked  up  and  down  the  room  together  with  quite  a  hurrah,  to  show 
how  we  two  would  look  as  senators. 

By  Mr.  Wakner  : 
Q.  "You  and  Baez  ? — A.  Y'es,  sir  ;  but  since  I  have  seen  the  occupation  you  have,  and  your 
hard  work  at  night,  God  knows  I  do  not  waut  to  be  a  senator. 

By  the  ChairxMAN  : 

Q.  It  seems  from'  your  narration  on  this  subject,  that  this  question  of  the  annexation  of 
San  Domingo  to  this  country  is  not  a  new  one.  —  A.  Not  at  all.  I  have  pressed  it  in  my  let- 
ters for  years.  You  will  find,  if  3'ou  look  at  my  letters  in  the  State  Department,  that  "an- 
nexation," "  protection,"  "  the  purchase  of  Samana,"  "  the  lease  of  Samana,"  all  came  from 
me. 

Q.  You  and  Mr.  Sesvard,  you  say,  originated  the  measure? — A.  I  will  tell  you  how  it 
was.  It  was  myself.  When  I  got  out  there,  and  General  Cabral  was  elected,  he  soon  after 
his  election  called  to  pay  his  respects  to  me.  I  said  to  him,  "  General,  what  is  the  state  of 
your  country  ?  "  Said  he,  "  We  are  very  poor  indeed,  and  I  do  not  know  what  we  can  do. 
Can  you  give  us  any  assistance,  consul  ?  "  "  Well,"  said  I,  "  perhaps  we  might.  What 
do  you  want?"  yaid  he,  "I  cannot  tell  exactly."  Said  I,  "Send  over  your  minis- 
ter of  finance  to  me."  The  minister  of  finance  came  the  following  day,  and  I  asked  him, 
"  What  do  you  want  ?  "  He  said,  "  We  want  about  a  million."  Said  I,  "  What  can  you 
give  us  as  indemnity  >.  We  cannot  agree  to  give  money  without  getting  something  for  it." 
He  said,  "  We  have  coal  mines  at  Samana."  "  Oh,"  said  I,  "  we  have  plenty  of  coal  in 
the  United  States  ;  we  want  something  better  than  that.  What  do  you  tliink  of  Samana 
Bay  as  a  naval  station?  "  He  thought  it  might  be  brought  about.  I  wrote  to  Mr.  Seward, 
and  pretty  soon  Mr.  Frederick  Seward  and  Admiral  Porter  came  down  in  the  Gettysburg 
with  a  hundred  thousand  dollars,  and  Mr.  Pujol  was  appointed  commissioner  or  plenipoten- 
tiary to  meet  those  two  gentlemen.  They  met  in  my  parlor,  and  I  translated  a  little  for 
them,  but  had  nothing  to  do  with  the  commission.     That  failed. 

Q.  Y'^ou  seemed  to  give  direction  not  only  to  your  own  government,  but  to  the  govern- 
ment down  there  ? — A.  I  talked  pretty  plainly  to  them.  I  took  that  liberty  on  account  of 
my  age.     I  gave  them  advice. 

Q.  You  say  your  friend  Delmonte  assured  you  that  there  would  not  be  a  hair  of  Hatch's 
head  hurt  ? — A.  That  was  the  last  night  before  he  was  sent  to  Azua.  He  said,  "I  will  guar- 
antee my  life  that  he  will  be  safe." 

Q  Y'ou  had  no  fear  that  any  harm  would  come  to  him  ? — A.  He  went  away  that  night, 
but  I  knew  very  well  his  life  was  safe. 


160  DAVIS    HATCH. 

Q.  Then  joii  never,  after  that,  entertained  any  apprehension  that  Mr.  Hatch's  life  waa  in 
danger? — A.  No  ;  but  they  were  determined  to  pursue  him,  and  debase  him,  if  possible. 

Q.  At  the  time  General  Babcock  was  there  were  you  under  the  impression,  or  not.  that 
he  would  be  released  ? — A.   He  bad  not  been  tried  then. 

Q.  This  friend  of  yours,  Delmoute,  told  you  that  Hatch  was  jjoing  to  Azua  to  be  tried? — 
A.  Yes,  sir. 

Q.  From  that  time  until  after  liis  trial  did  you  make  any  efforts  to  have  him  released  ? — 
A.  I  was  all  the  time  after  Baez  about  it :  but  the  fact  is  that  there  was  very  little  time  in- 
terveninp. 

Q.  Did  you  make  any  demand  for  his  release  ? — A.  Nothiuof  more  than  an  aig^ument  with 
Mr.  Baez. 

Q.  From  the  time  he  went  down,  had  you  not  the  assurance  of  Delmonte  that  a  hair  of 
bis  head  should  not  be  touched  ? — A.  Exactly. 

Q.  From  that  time  till  after  he  was  tried,  did  you  make  any  active  eti'orts  for  his  release  ? — 
A.  I  think  nothings  occurred  ;  only  three  or  four  days  intervened,  and  Delmoute  told  ine 
that  the  law  must  take  its  course. 

Q.  Did  you,  at  any  time  durini^  your  administration,  ever  make  a  written  demand  or  re- 
quest for  Hatch's  release,  to  Baez,  or  anybody  else? — A.  I  think  notliino:  more  than  a  for- 
mal demand,  personally. 

Q.  A  verbal  demand  ? — A.  A  verbal  demand. 

Q.  Then  there  was  no  correjpondence? — A.  I  think  there  was  no  correspondence  on  the 
gubject. 

Q.  And  you  felt  entirely  sure  that  he  would  not  be  harmed? — A.  Perfectly  secure. 

Q.  Did  you  report  that  fact  to  the  gov-erument  here? — A.  I  reported,  as  far  as  ray  evi- 
dence went,  in  my  letters  ;  I  reported  to  the  government  the  position  of  things,  and  that  I 
had  made  demands.  I  cannot  really  say,  under  oath,  whether  1  ever  wrote  a  note  to  Baez 
on  the  subject,  but  I  was  constantly  in  communication  with  him,  and  I  reported  to  our  gov- 
ernment that  I  thought  that  if,  as  formerly,  I  had  control  over  the  vessels  of  war  coming 
there,  that,  if  the  Tuscarora  had  been  under  my  orders,  I  could,  with  my  influence,  and  the 
captain  of  a  man-of-war,  have  stopped  the  suit  entirely,  and  could  have  shown  Mr.  Baez 
that  the  best  thing  to  do  was  to  let  Mr.  Hatch  go;    I  think  I  wrote  to  that  effact. 

Q.  Did  you  ever  write  to  the  govorumetit  that  Mr.  Hutch  was  not  in  danger  of  being  exe- 
cuted?— A.  I  had  no  time  to  do  that,  because  Mr.  Hatch  was  sentenced  in  three  or  four  days. 

Q.  Did  you  receive  any  reply  to  any  dispatch  you  sent  to  the  government  on  that  subject 
before  your  time  expired? — A.  No,  sir  ;  they  never  wrote  me  a  word  about  it. 

Q.  At  the  tin)e  General  Babcock  was  there,  had  you  any  apj)rehension  as  to  Hatch's  safe- 
ty ? — A.  General  Babcock  and  I  had  very  little  conversation.  I  recollect  that  once  I  spoke 
of  Mr.  Hatch's  case  and  I  told  him  that  Mr.  Hatch  was  a  highly  respectable  nnm,  and  I 
told  him  of  the  mines  he  was  interested  in.aud  then  he  asked  iw,  "  Has  not  that  conGi^ssion 
lapsed  ?" 

By  Mr.  8ciilrz  : 
Q.  Who  asked  you  that  question  ? — A.  General  Babcock.    He  asked,  "  Has  not  that  con 
cession  lapsed  ?"     I  told  him  I  tliougbt  not.     Ofcour.se  I  should  say  that  General  Babcock 
was  associated  with  Cazneau  and  Fabens,  and  I  looked  on  them  as  black  sheep. 

By  the  Chairm.w  : 

Q.  It  is  evident  that  your  feeling  was  not  favorable  toward  them!' — \.  It  was  not.  I 
never  heard  of  General  Cazneau  until,  when  I  was  about  to  leave  the  United  States,  a  gciitle- 
man  called  on  me  and  told  me  not  to  have  anything  to  do  with  that  man. 

By  Mr.  Huwaiid  : 

Q.  You  had  feelings  of  distrust  as  to  Cazneau  an  i  Fabeii.s  when  yon  went  thori-  t  —  .V.  Fa- 
bens was  not  there  fur  nine  months  after  1  got  there. 

Q.   But  yon  had  feelings  of  distrust  in  Cazneau  ?  —A.   Yes,  sir. 

i}.  Yon  feel  so  now  .'  —  A.   1  have  no  opinion  of  (iencral  Ca/.nciiu,  not  the  least. 

(.}.  That  is.  yon  have  a  bad  opininn  '  — .V.  An  niifavoiable  opinion,  from  the  many  stories  I 
have  beard.  I  do  not  want  to  speak  about  him;  lam  too  old  a  man  to  talk  ahout  other 
people's  characters. 

Q.  Have  you  the  same  opinion  about  Fabensf-x^.  Not  so  much  ao.  I  look  upon  him 
more  as  an  instrument  of  Cazneau.  I  think  eveiylliing  emanates  from  Cazneau,  and  par- 
ticularly friini  Madame  Cazneau.  8he  has  a  complaint  called  ih.-  ntroMhnsi  srri'jinih  ;  there 
is  no  end  i«>  her  letters;   she  is  liio  corrrspundi-nt  of  itu;  Herald. 

(-i.  You  say  you  wcr.-  neirotiaiing  for  aiiiirxntiun  originally.  Did  you  do  that  thiukinjjf  it 
would  be  an  advantage  to  the  Cnited  .State-i .'  —A.  1  hai  n  jthing  t )  do  with  ihit,  bsc  luse  I 
had  gone  away.  1  had  powers  to  purchaie  .Siinnna,  or  li-ase  it,  and  make  a  commercial 
treaty  ;  but  the  propositions  to  aum-x  were  made  by  the  Dominican  government  to  our  gov- 
ernment I  wiotetoMr.  .Seward  by  their  reipiest  in  this  way:  "  Sii|)pose  at  a:iy  time,  by 
acclamalion.  the  United  Stairs  flag  i.s  put  uj)  at  ditreieiu  place,  and  the  peo|)le  cry  out  '  VVe 
want  annexation;'  in  such  an  er.'ut  what  would  the  Cnited  State<  do'"     Mr.  Seward  wroto 


DAVIS    HATCH.  161 

me  back  that  of  course  onr  p^overninent  could  have  notli'mpf  to  do  with  a  things  of  that  kind 
unless  it  was  by  a  coiisfitntioiial  vote  of  the  people  properly  expressed.  These  were  merely 
conjectures,  pro])Ositions,  passingf  between  us. 

Q.  What  were  your  views  ? — A.  The  fact  is,  I  cannot  tell  about  it.  There  were  many 
people  in  favor  of  it,  and  many  ajjainst  it.  I  knew  it  was  my  duty,  as  consul  of  the  United 
States,  to  place  these  thing^s  before  my  government. 

Q.  Did  you  deem  it  important  for  our  government  to  have  Samana? — A.  Very  important 
as  a  naval  station,  unquestionably. 

Q.  Do  you  think  so  now? — A.  Unquestionably.  I  do  believe  it  a  fine  position.  All  that 
is  in  my  correspondence ;  but  what  I  objected  to  there  was  to  the  large  concessions  that 
were  made;  and  that  is  what  has  caused  the  animosity  to  me.  When  Mr.  Fabens  went 
out  there,  at  the  request  of  General  Banks,  to  ascertain  the  debt  of  San  Domingo,  General 
Banks,  as  chairman  of  the  Committee  on  Foreign  AtKairs,  gave  him  a  letter.  Mr.  Seward 
sent  me  a  copy  of  that  letter.  General  Banks  particularly  stated  in  that  letter  that  farge 
franchises  or  concessions  would  defeat  annexation,  even  if  it  passed  the  lower  house ;  and 
for  that  reason  I  particularly  told  Delmonte,  and  told  Baez,  '"Do  not  concede;  never  give 
an  inch  away  of  Samana  Bay  ;  do  not  concede  an  inch  to  anybody."  I  said  to  them  that  I 
knew  Cazneau  was  always  after  concessions.  They  were  friendly  to  me  then.  When  I 
said  that,  Delmonte  said,  "My  dear  sir,  the  other  day  he  asked  for  a  concession  that  would 
reach  from  San  Domingo  to  the  town  of  San  Juan,  lifty-four  leagues  off  on  the  frontier" — 
one  hundred  and  fifty  miles.  Baez  said,  ''  He  might  as  well  ask  me  for  the  whole  republic." 
At  the  same  time,  notwithstanding  their  positive  promise  that  they  would  not  give  an  inch 
of  ground  on  Samana,  they  went  and  conce  led  all  the  mines  and  woods  to  Hartmont  &  Co., 
of  London,  by  special  treaty. 

Q.  Then  your  objection  to  it  is  entirely  on  account  of  the  concessions  that  have  been 
made  ? — A.  That  was  one  ot)jectiou  ;  and  another  objectiou  I  made  was,  that  there  are  a 
great  number  of  the  first  people  out  of  the  country,  and  I  do  not  think  you  can  take  the  sen- 
timent of  San  Domingo  without  consulting  them,  at  all  events. 

By  Mr.  ScHURZ : 

Q.  Do  you  say  that  there  are  a  great  many  of  the  first  people  of  the  country  away  ? — A. 
Yes  ;  a  great  many  banished. 

Q.  In  banishment  now  ? — A.  Yes,  sir  ;  when  Senator  Cole  was  in  San  Domingo  City,  I 
stood  on  my  balcony  witlihim  and  said,  "  Senator,  do  you  see  that  house?"  "Yes."  "  The 
owner  of  that  house  is  in  banishment."  I  pointed  him  to  another,  "  Do  you  see  that  house? 
There  are  two  out  of  that  house  in  banishment.  From  the  house  I  live  in,  father  and  sou 
are  in  banishment."  "Do  you  see  that  house  at  the  corner?"  "Yes."  "  And  that  one 
yonder?"  "Yes."  "  All  the  people  from  those  houses  have  been  banished."  Said  he, 
"  You  surprise  me." 

By  Mr.  Howard  : 

Q.  On  what  consideration  were  these  grants  or  concessions  of  lands  made  on  the 
island  ? — A.  They  made  concessions  allowing  certain  time  to  make  certain  explorations  ;  to 
do  certain  things. 

Q.  Grants  upon  conditions  that  were  to  be  fulfilled  by  the  grantees  ? — A.  Exactly. 

Q.  The  grantee  had  to  do  certain  things  before  he  became  entitled  to  an  absolute  grant  ? — 
A.  Yes,  sir ;  if  the  time  passed  away,  the  grant  \\ould  lapse.  That  is  generally  the  nature 
of  the  grant. 

By  Mr.  ScHURZ  : 

Q.  What  is  the  Fabens  survey  concession  ? — A.  I  do  not  know  ;  I  cannot  tell.  I  did  not 
attempt  to  keep  the  run  of  them.     I  knew  the  salt  concessions  very  well. 

By  the  Chairman  : 

Q.  You  seem  to  be  somewhat  familiar  with  the^rant  to  Mr.  Hatch? — A.  Yes,  sir. 

Q.  Have  you  ever  conferred  with  the  Secretary  of  State  on  that  subject,  there  or  here  ? — 
A.  No,  sir  ;  I  had  nothing  to  do  with  Mr.  Hatch's  grunt.  He  earned  on  all  his  own  corre- 
spondence. 

Q.  Did  you  say  to  Mr.  Fish  that  if  that  salt  grant  could  be  upheld  and  sustained  you 
would  do  what  you  could  to  help  annexation? — A.  No,  sir.     I  told  him  

Q.  Wait  a  moment.  Before  going  further  I  wish  to  ask  you  another  question.  Did  Mr. 
Fish  reply  to  you  that  Mr.  Schell  and  the  persons  holding  that  grant  knew  better  than  to 
send  any  such  proposition  to  him? — A.  He  replied  rather  curtly  ;  but  now  allow  me  to  tell 
you  how  that  was — I  will  explain  it. 

Q.  I  want  first  to  get  what  you  did  say.  Did  you  understand  my  first  question? — A. 
Perfectly.  I  will  tell  you  what  he  said  and  what  I  said.  On  leaving  New  Vork  to  come 
here,  as  it  was  known  I  was  coming  to  Washington,  I  was  called  on  by  Frederick  M.  Kelley, 
who,  it  appears,  is  the  acting  agent  here  for  the  salt  mines  ;  and  Mr.  Xelley  walked  with  me' 
and  talked  with  me  going  on  the  street  till  I  got  to  the  boat ;  and  he  told  me  to  mention  to 
Mr.  Fish,  "  We  have  a  strong  iutluence  in  Congress,  and  if  they  will  secure  our  salt  grant  we 
will  go  strongly  for  annexation,"  or  something  to  that  eftect :  so  much  as  to  intimate  that  if 

S.  Eep.  234 11 


162  DAVIS    HATCH. 

the  government  did  otherwise  it  raigrht  be  otherwise.  I  did  not  first  speak  of  it,  but  my  son 
was  with  me,  and  he  mentioned  the  fact  to  Mr.  Fish  in  conversation.  Mr.  Fish  turned  around 
and  said,  "  I  never  thought  you  would  give  me  a  message  of  that  kind,"  or  something  to 
that  eifect ;  but  as  to  my  influence  it  was  nothing.  I  did  not  care  about  it  at  all.  I  have  no 
interest  in  the  salt  mine,  and  do  not  care  a  straw  about  it. 

Q.  Did  you,  or  your  son  in  your  presence,  say  that  if  this  government  would  see  to  it 
that  that  salt  mine  was  protected  you  could  bring  a  strong  influence  upon  Congress  to  procure 
the  ratification  of  the  treaty? — A.  I  cannot  repeat  the  exact  words  used.  My  son  first  spoke 
of  it.  I  asked  him  afterward,  "  Why  did  you  speak  of  it  ?"  and  he  said,  "I  do  not  know." 
The  substance  of  it  was  that  he  repeated  Kelley's  wofds,  that  if  the  government  would  pro- 
tect the  salt  mine,  the  salt  association  would  strengthen  the  annexation  project  very  greatly 
through  their  influence,  not  our  influence;  we  had  nothing  to  do  with  it.  We  were  only 
repeating  his  words.  I  cared  nothiug  about  it,  and  I  was  only  sorry  that  the  matter  was 
mentioned. 

Q.  What  was  Secretary  Fish's  reply  ? — A.  He  seemed  quite  offended  that  such  a  proposition 
should  be  made.  I  told  him  it  was  not  my  proposition ;  I  cared  nothing  about  it.  I  told 
Kelley  about  it  when  I  went  back  to  New  York,  and  I  said  to  him,  "  Unfortunately,  your 
communication  was  repeated  there,  which  I  regret  very  much,  as  it  is  nothiug  to  me  what- 
ever." 

By  Mr.  ScHURZ  : 

Q.  Tiiere  have  been  some  interrogatories  put  to  you  in  regard  to  your  interference  con- 
cerning Mr.  Hatch.  After  Mr.  Hatch  had  been  sentenced,  and  his  sentence  had  been  com- 
muted to  bauishment,  did  you  then  demand  of  Baez  that  he  should  be  released  ? — A.  I  did, 
personally,  and  he  told  me  that  he  should  be  released  as  soon  as  he  could  have  the  process 
drawn  up  properly  and  handed  to  me;  that  when  that  was  finished  he  would  be  released. 
I  believe  he  stated  the  same  thing  to  my  successor,  Mr.  Perry,  for  a  long  time. 

Q.  Did  you  ask  hiui  repeatedly  ? — A.  Repeatedly. 

By  the  CHAiaM.\N : 

Q.  He  never  refused  to  surrender  him  ? — A.  No  ;  he  always  kept  putting  it  off. 

By  Mr.  Vickers  : 
Q.  Did  you  consider  that  a  mere  pretext  for  delay  ? — A.  A  mere  pretext  for  delay. 
By  Mr.  Warner  : 

Q.  What  do  you  know  of  Mr.  Hatch's  conduct  toward  Cabral's  government  while  Baez 
was  trying  to  overturn  it? — A.  Mr.  Hatch  was  living  there  very  quietly;  he  was  very 
friendly  with  the  Cabral  government  at  that  time.  Sometimes  he  would  go  over  to  St. 
Thomas  and  bring  down  goods,  i^c.  He  lived  a  good  while;  during  the  Cabral  government 
in  the  city  of  San  Domingo,  and  occasionally  he  would  go  down  to  Baralioua.  He  was  en- 
gaged there  in  having  a  railroad  surveyed  and  other  matters. 

Q.  Do  you  know  of  his  lioing  auytiiiug  in  aid  of  Cabral  ! — A.  Tiie  only  ai<l  lie  ever  gave 
Cabral  was  this  :  that  at  the  time  Mr.  Seward  was  there  in  the  Gettysburg  trying  to  make  a 
treaty,  the  Cabral  government  wanted  $7U0,  or  §dOU,  or  $1,000,  or  some  such  amount,  and 
Hatch  loaned  it  to  them,  and  had  great  difficulty  in  getting  it  back  again. 

By  Mr.  Sciiuuz : 

Q.  Was  Cabral  then  in  power  ? — A.  Yes  :  tliat  was  in  the  early  part  of  his  reign.  It  was 
in  January,  1HIJ7,  when  Mr.  Seward  and  Admiral  Porter  were  there. 

By  Mr.  Howard  : 

Q.  So  that  Cabral  was  his  debtor  ? — A.  For  two  or  three  months. 

Q.  Were  you  aware  that  Cabral  had  confirmed  Hatch's  grant  of  tlie  salt  mines  ? — A.  I 
recollect  it  perf.ctly  well.     I  think  the  pajjcrs  were  lodged  in  the  oflice. 

Q.  Were  you  aware  that  15acz  had  refusfd  to  confirm  it? — A.  I  was  not  tlnno  during  the 
time  Buez  was  in  power,  i)revious  to  Cabral's  administration.  I  heard  that  Jiacz  liad  re- 
fu.se<l  to  confirm  it,  and  that  Hatch  subsecjuently  got  it  confirmed  by  the  Cabral  govern- 
ment. 

By  Mr.  Warnkr  : 

Q.  Wiiat  do  you  know  of  his  conduct  after  Baez  came  into  power,  and  while  Cabral  wa.s 
trying  to  overthrow  him? — A.  1  have  already  stated  tiiat  wlicm  Mr.  Hiw/,  came  into  ]iower 
Mr.  Hatch  was  living  at  Burahona,  and  was  innnediati^ly  iironght  up  to  San  Dumingo  City, 
and  was  alh>we(l  lo  return  and  lie  there  (|iiietly  almost  a  year  l)ef(ir(!  we  heard  aiiytliing. 

Q.  Do  you  know  of  his  aiding  (jabral  in  any  way  to  overthrow  the  Baez  goverrmient? — 
A.  Not  at  all.  I  never  knew  anything  about  it  except  the  Ktori(^s  they  told  to  try  to  injure 
him;  but  I  placed  no  reliance  on  tliem.  I  do  not  tliink  Mr.  Hatch  ever  did  anyliiing  to 
cause  sneb  tremendous  persecution  as  lie  snflered  at  the  liands  of  Mr.  Baez. 

Q.  What  was  the  dat(!  of  Mr.  Hatch  being  sent  to  Azna  after  you  had  the  conversation 
with  Delmonte,  in  which  he  assured  you  that  Hatch  should  not  be  hurt  ? — A.  I  tliink  about 
the  18th  of  September. 


DAVIS    HATCH.  163 

Q.  ITow  long  after  that  were  you  relieved  by  Mr.  Perry?     A.  On  the  Kith  of  November. 

Q.  What,  if  anything,  did  you  say  to  Mr.  Perry  about  Mr.  Hatcli,  and  what  did  lie  say 
in  reply? — A.  I  told  him  the  whole  story  of"  Mr.  Hatcli,  the  siluation  of  tilings  there,  as  I 
tlionght  it  my  duty  to  do:  I  told  iiim  how  Hatcli  wa.'j  situated,  and  I  thought  he  had  better 
try  to  get  him  released  as  soon  as  possible. 

Q.  What  did  you  sa^',  if  anything,  to  General  Babcock  about  Mr.  Hatch,  and  what  did  he 
say  in  reply? — A.  I  said  very  little  to  General  Babcock  about  Mr.  Hatch;  we  talked  about 
other  matters;  I  did  not  know  that  General  Babcock  was  an  official  until  the  arrival  of  the 
Tuscarora;  as  I  mentioned,  he  never  told  me  himself. 

Q.  What  did  he  say  to  you  at  any  time  about  Mr.  Hatch? — A.  We  may  have  had  some 
little  talk  about  Hatch,  but  the  chief  conversation  was  on  the  night  of  the  arrival  of  the 
Tuscarora,  in  regard  to  which  General  Babcock  admits  that  my  sou  called  on  him  and  asked 
him  if  he  would  let  the  Tuscasora  go  down  for  Hatch. 

Q.  After  Mr.  Hatch  was  sent  to  Azua,  did  you  have  any  fear  of  his  life  at  any  time  .' — A. 
No ;   because  I  was  assured  by  Delmonte  that  he  would  not  be  shot. 

By  Mr.  Howard  : 

Q.  You  say  you  had  a  conversation  with  Mr.  Perry  about^Hatch  ? — A,  I  merely  told  Mr. 
Perry  the  circumstances. 

Q.  Did  Perry  say  anything  to  you  about  any  conversation  on  his  part  with  General  Bab- 
cock ? — A.  Oh,  no  ;  we  were  perfect  strangers.  I  was  only  there  two  or  three  days  after  he 
arrived. 

Q.  You  spoke  of  Cazueau  and  Fabens  as  being  "  black  sheep  ? "' — A.  In  my  estimation. 
That  is  all  I  mean. 

Q.  What  is  the  ground  of  your  estimation? — A.  The  ground  is  what  I  have  heard  from 
many  persons,  not  so  much  in  regard  to  Fabens,  because  he  seemed  to  be  under  the  control 
of  Cazneau.  I  do  not  know  so  much  about  Fabens.  He  was  not  there  the  first  nine  months 
I  was  in  San  Domingo,  and  after  that  he  never  made  it  a  permanent  residence;  he  was  pass- 
ing to  and  fro  all  the  time ;  but  General  Cazueau's  reputation,  with  a  great  many  people,  does 
not  stand  well. 

Q.  What  is  the  defect  in  his  reputation? — A.  I  have  heard  of  his  antecedents  in  Texas, 
and  of  one  thing  and  another.     It  is  not  for  ine  to  speak  further. 

Q.  Has  he,  in  San  Domingo,  the  reputation  of  being  a  rogue  in  business  matters  ? — A. 
There  were  some  unfortunate  schemes  that  they  got  up.  There  was  what  they  called  the  San 
Domingo  Cotton  Company,  and  they  got  a  number  of  poor  creatures  in  New  York  to  go  down, 
under  specious  pamphlets,  setting  forth  the  delightful  place  it  was.  A  number  of  poor  peo- 
ple came  there  and  went  out  a  number  of  miles  from  San  Domingo  City,  on  the  river,  and  they 
simply  went  there  aqd  died.  Very  few  ever  returned.  Our  then  commercial  agent,  in  his 
report,  states  that  the  few  that  remained  crept  into  San  Domingo  City,  and  were  glad  to  get 
home.  That  San  Domingo  Cotton  Company  was  a  terrible  failure,  and  a  great  many  lives 
were  lost  by  it. 

By  Mr.  SCHURZ  : 

Q.    How  many  lives  were  lost  ? — A.  I  cannot  tell  you ;  100  or  200  went  down. 
Q.  What  was  the  disease  of  which  they  died  ? — A.  The  fever. 

By  Mr.  Vickers  : 

Q.  At  what  time  does  the  fever  commence  there  ? — A.  The  fever  is  always  in  the  country. 

By  Mr.  Warner  : 

Q.  Do  yon  know  anything  of  General  Babcock's  having  any  interest  in  land  grants  in  San 
Dounngo,  or  any  other  money  interests  there  1 — A.  No,  sir.  I  do  not  know  who  are  inter- 
ested.    I  know  that  I  warned  that  government  not  to  make  grants. 

By  Mr.  Vickers  : 

Q.  What  was  the  opinion  of  the  people  about  annexation  when  you  left  there  ? — A.  In 
the  towns  generally,  particularly  in  San  Domingo  City,  there  are  many  people  much  in 
favor  of  it,  and  then  again  there  are  other  men  of  high  standing,  who  are  positively  opposed 
to  it.  How  it  may  stand  in  point  of  actual  majority,  I  do  not  know.  One  gentleman  of 
very  high  standing  said  to  me,  "  It  will  never  answer;  the  fact  is  that  Spain  tried  it.  She 
came  here  bringing  the  same  religion,  the  same  language,  the  same  vices,  and  what  was  the 
result  ?  She  paid  immense  sums  from  her  treasury  every  mouth,  and  the  people  were  not 
prosperous  ;  the  rents  that  had  been  $200  a  year  rose  to  $2,000  a  year,  and  we  were  not 
satisfied." 

June  15,  1870. 

O.  E.  Babcock  recalled. 
By  Mr.  Howard  : 

Question.  I  understand  you  have  one  or  two  further  documents,  which  bear  on  the  subject 
we  are  inquiring  into  ? — Answer.  After  the  signing  of  the  treaty  I  started  back,  leaving 
Captain  Bunce  in  charge  of  the  Nantasket  ;  there  was  only  one  man-of-war  I  could  leave 
there,  and  this  was  the  letter  of  instructions  I  gave  to  him  : 


164  DAVIS    HATCH. 

"United  States  Steamer  Albany, 

"  Off  San  Domingo.  December  3,  1869. 

"  Captain  :  I  have  the  honor  to  inform  yon  that  in  accordance  witli  instructions  from  the 
President  of  the  United  States  I  have  concluded  negotiations  with  the  Dominican  Republic 
for  the  lease  of  the  bay  and  peninsula  of  Samana,  and  other  purposes.  In  this  negotiation 
the  President  has  guaranteed  to  the  Dominican  Republic  protection  from  all  foreign  inter- 
position during  the  time  specified  in  the  treaties  for  submitting  the  same  to  the  people  of  the 
Dominican  Republic.  For  this  purpose  the  Hon.  Secretary  of  the  Navy  was  directed  to 
place  three  armed  vessels  in  this  harbor,  subject  to  my  instructions  ;  two  of  these  vessels  to 
remain  in  the  waters  of  the  republic  of  San  Domingo,  the  third  to  return  to  the  United  States 
with  me.  But  two  of  the  vessels  have  arrived,  the  Albany  and  your  own.  As  it  is  possible 
that  the  third  vessel  may  have  been  ordered  to  the  Bay  of  Samana,  I  shall  proceed  there  to- 
moitow  to  ascertain,  and  at  the  same  time  to  take  possession  of  the  bay  and  peninsula  in 
the  name  of  the  United  States.  I  shall  raise  the  United  States  flag  on  shore,  and  shall  leave 
a  small  guard  with  it.  Should  another  vessel  arrive  here,  will  you  please  to  show  the  com- 
manding officer  this  letter  and  request  him  to  go  at  once  to  the  bay  of  Samana  and  report  to 
me.  In  case  I  am  not  there  with  the  Albany,  I  will  leave  with  the  guard  there  a  letter  of 
instructions. 

"You  will  please  make  the  south  side  of  this  island  your  cruising  ground,  making  this 
place  your  headquarters.  You  will  please  extend  to  President  Baez  and  the  officials  heie 
such  courtesies  as  you  may  think  best.  Should  you  find  any  foreign  intervention  intended, 
you  will  use  all  your  force  to  carry  out  to  the  letter  the  guarantees  given  in  the  treaties. 

"The  Dominican  Republic  fear  trouble  from  the  Haytien  border  about  Jacmel.  You  wrill 
please  inform  the  people,  in  case  you  are  satisfied  there  is  an  intended  intervention,  that  such 
intervention,  direct  or  indirect,  will  be  regarded  as  an  unfriendly  act  toward  the  United 
States,  and  take  such  steps  as  j'ou  think  necessary. 

"I  have  requested  President  Baez  to  notify  you  throngh  our  commercial  agent,  Mr.  R.  H. 
Perry,  if  he  has  any  information  of  service  to  you.  Will  you  please  to  communicate  often 
with  the  authorities  here,  and  forward  from  time  to  time  to  Washington  all  information  you 
may  think  useful  to  your  government '' 

"I  suppose  that  it  is  the  intention  of  the  Navy  Department  to  place  the  two  vessels  here 
under  the  admiral  connnanding  the  Gulf  squadron. 

"In  the  execution  of  this  duty  you  will  have  to  act  upon  your  own  judgment,  as  it  is  impos- 
sible to  anticipate  all  the  circumstances  which  may  arise.  You  will  please  regard  this  com- 
munication as  confidential,  except  the  part  relating  to  the  lease  of  the  bay  and  peninsula  of 
Samana. 

"  You  will  use  steam  in  all  cases  where  needed.     I  will  request  the  'Navy  Department  to 

provide  you  a  supply. at  an  early  day. 

"I  am,  sir,  your  obedient  servant, 

'  O.  E.  BABCOCK, 

' '  Secretary. 

"Lieutenant  Commander  Fkaxcis  M    Bunce,  U.  S.  N., 

'"Connnanding  U.  S.  S.  Nantasket,  off  Sati  Domingo." 

By  Mr.  SciiCKZ  : 
Q.  Is  that  from  your  own  copy-book  ? — A.  That  is   from   a  moniorandum   I  kept  at  the 
time  ;  had  no  book  witli  me.    "Wlien  I  got  to  Samana  I  found  that  no  other  ves.sel  had  arrived, 
and  so  I  wrote  tliis  letter  and  left  it  there  to  be  given  to  the  commander  of  any  vessel  that 
might  come  in : 

"United  States  Steamer  Amianv, 

"  Bay  of  Samana,  Dvcemher  7,  1809. 
"Sir:  The  inclosed  letter  of  instructions  will  serve  to  guide  you,  if  assigned  to  tlie  duty 
referred  to.  Will  you  please  to  make  the  north  side  of  tiie  island  your  cruising  ground, 
making  Porto  Plata  )onr  licadquarters  ?  Tlie  remark  made  in  the  letter  to  Ca|)tain  Bunco 
about  the  Haytien  border  at  .Jacmel,  applies  e(|ually  to  tiio  Haytien  border  at  Caj't'  Hayti. 
Will  you  please  to  visit  that  place  and  give  the  authorities  there  the  same  inforiiiation  about 
any  intervention,  if  you  think  tlieri;  is  an  intfiuled  intervention  tV<Mii  that  ])laee  l  Ymi  will 
liave  to  usf  your  own  jiulgment  in  the  execiition  of  this  duty.  I  know  that  it  is  the  wish  of 
the  President  to  give  them  lull  proteclioii  agaiii.st  foreign  intervention. 

"I  am  informed  that  our  government  lias  coal  at  Ca))o  Ha3'ti;  if  so,  and  you  can  arrange 
it  so  HS  to  exchange  cruising  ground  with  Captain  I'lunee  to  enabh;  him  to  coal,  you  will 
please  do  so. 

"I  am,  .sir,  your  obedient  servant, 

"0.  E.  BABCOCK, 

"  Sceritary. 
"To  the  commanding  officer  of  any  United  States  naval  vessel  arriving  here." 


DAVIS    HATCH.  165 

John  Somers  Smith  recalled. 

By  Mr.  Schurz  : 

Question.  Do  you  know  wliether  General  Babcock  carried  any  dispatch  from  the  Baez 
government  in  relation  to  Mr.  Hatch  ? — Answer.  I  heard  so. 

Q.  From  whom  did  yon  hear  it? — A.  From  Captain  Queen. 

Q.  What  did  Captain  Queen  tell  you  ? — A.  The  Tuscarora  and  the  Tybee  sailed  the  same 
afternoon.  They  left  the  harbor  together,  and  three  weeks  afterward  Captain  Queen 
returned.  The  first  words  he  said  to  me  on  meeting  me  were,  "  You  need  not  give  your- 
self any  more  trouble  about  that  man,  for  General  Babcock  has  carried  the  proofs  of  his  guilt 
in  black  and  white." 

Q.  Whom  did  he  mean,  Hatch? — A.  Mr.  Hatch.  I  said  to  him,  "  How  do  you  know  it  ?" 
Said  he,  "We  were  outside  the  port  and  General  Babcock  signified  his  wish  to  communi- 
cate to  me,"  and  Captain  Queen  told  me,  in  the  presence  of  my  son,  that  he  got  that  informa- 
tion from  General  Babcock. 

By  Mr,  Vickers  : 

Q.  Where  is  your  son  now  ? — A.  At  San  Antonio,  Texas. 
By  Mr.  SCHURZ : 

Q.  Did  you  communicate  that  to  Mr.  Fish,  the  Secretary  of  State  ? — A.  I  communicated  it 
to  Mr.  Fish  in  a  dispatch,  stating  the  facts  that  Captain  Queen  had  I'elated  to  me  ;  and  I  said 
that  I  deprecated  the  conduct  of  any  Americans — alluding  not  only  to  General  Babcock,  but 
likewise  to  Mr.  Cazneau  and  others — who,  if  they  could  not  aid  an  unfortunate  countryman 
in  a  dilemma,  would  participate  in  any  way  with  his  enemies  in  endeavoring  to  crush  him, 
or  something  to  that  effect.     I  wrote  warmly  to  Mr.  Fish  about  it. 

Q.  Do  you  know  what  the  population  of  the  Dominican  Republic  is  ? — A.  There  were 
two  Elements  of  Geography  published  in  San  Domingo  City  after  the  evacuation  of  the 
Spanish;  one  in  1866,  I  think,  and  the  other  in  1867;  one  by  Marini,  and  the  other  by 
Gareda.     Marini  gives  the  population  at  21:5,000,  and  Gareda  estimates  it  at  about  300,000. 

Q.  Have  you  any  information  yourself? — A.  No  further  than  what  I  gleaned  from  the 
people.  I  talked  with  Felix  Delnionte  about  it  at  the  time  I  received  the  dispatch  in  rela- 
tion to  Mr.  Fabens  going  there.  Mr.  Delmonte  estimated  the  population  at  about  300,000. 
I  myself,  though,  do  not  think  there  are  over  200,000. 

Q.  Do  you  think  there  are  as  many  as  that  ?— A.  About  200,000,  I  think. 

Q.  You  said  something  yesterday  about  Mr.  Cazneau's  settlement  enterprise  having  en- 
ticed a  great  many  emigrants  there  ? — A.  Yes,  sir. 

Q.  When  was  that? — A.  In  1863,  I  think.  There  was  a  scheme  got  up  in  New  York, 
called,  I  believe,  the  New  York  and  San  Domingo  Cotton  Company,  and  a  great  many  peo- 
ple were  induced  to  go  out. 

Q.  Do  you  know  how  many  people  went  out  there? — A.  I  do  not. 

By  the  Chairman  : 

Q.  Do  you  know  anything  about  it  except  what  you  heard  there  ? — A.  There  is  evidence 
in  the  consular  records  there,  that  nearly  all  that  went  out  found  no  kind  of  settlement  and 
died  of  fever  or  escaped. 

By  Mr.  ScHURZ  : 

Q.  Do  you  know  anything  about  the  mines  of  San  Domingo  ? — A.  There  are.  no  doubt, 
strong  indications  of  mines.  There  has  been  some  little  gold  gathered  in  particles  by  the 
country  people  ;  birt  I  never  saw  any  evidences  of  any  quantity  of  gold  during  the  time  I  was 
there.     There  are  strong  indications  of  copper. 

Q.  Did  you  know  of  any  professional  miners  going  there  ? — A.  Yes,  sir. 

Q.  Did  you  know  whether  a  Mr.  Rice  and  a  Mr.  Packer  went  there  ? — A.  I  knew  both  Rice 
and  Packer;  they  were  invited  out  there  to  search  for  gold  in  the  Jaine  River.  Mr.  Rice  was 
an  old  California  miner,  a  man  I  suppose  of  fifty-five  or  fifty-six  years  of  age,  and  Packer  was 
a  young  man.  They  prepared  their  cradles  in  San  Domingo  City ;  went  out  and  cradled 
for  gold,  and  returned  to  San  Domingo  City  about  ten  days  afterward,  and  in  my  ofiBce  said 
the  whole  thing  was  a  humbug. 

By  Mr.  Vickers  : 

Q.  You  spoke  of  the  fever  in  San  Domingo  as  existing  through  the  year  ? — A.  Yes,  sir. 

Q.  What  is  the  character  of  the  fever,  and  can  a  wTiite  man  labor  in  the  open  air? — A. 
The  fever  is  of  an  intermittent  character ;  I  do  not  think  white  labor  can  survive  to  cultivate 
the  land  ;  free  labor  by  whites  will  not  answer  in  San  Domingo. 

By  the  Chairman  : 

Q.  Do  you  say  that  free  labor  will  not  do  there  ? — A.  Free  white  labor. 

By  Mr.  Vickers  : 
Q.  What  are  the  productions  of  the  country  ? — A.  The  chief  productions  are  in  the  pro- 


166  DAVIS    HATCH. 

vinces  of  Seybo,  La  Vega,  aud  Santiao^o.  They  raise  a  large  crop  of  tobacco,  some  seventy 
or  eighty  thousand  ceroous.  That  is  the  most  valuable  product.  There  is  some  little  coflee 
raised  in  the  same  provinces,  and  some  little  iu  the  province  of  San  Domingo,  at  San 
Christobal,  but  not  more  than  sutScient  for  the  consumption  of  the  country.  There  are 
twenty-five  thousand  quintals  of  sugar  raised  in  the  province  of  Azua,  and  a  little  in  San 
Christobal,  iu  the  province  of  San  Domingo,  but  they  do  not  export  half  of  it,  not  above 
ten  thousand  quintals ;  the  rest  is  consumed  in  the  country. 

Q.  Do  they  cut  wood  ? — A.  A  great  deal  of  wood  is  cut  near  the  coast.  There  is  an 
abundance  of  wood,  but  in  the  interior  there  is  no  means  of  communication  so  as  to  bring 
it  to  market. 

By  Mr.  Howard  : 

Q.  What  kind  of  wood? — A.  Mahogany,  logwood,  lignumvitfe,  and  a  variety  of  cabinet 
woods. 

Q.  Do  those  woods  grow  there  luxuriantly? — A.  Luxuriantly;  aud  in  the  interior,  in  the 
province  of  La  Vega,  there  are  immense  pine  forests,  but  they  are  utterly  unavailable  ;  there 
is  no  more  use  made  of  them  than  to  get  a  pine  knot  to  make  a  torch.  They  are  entirely  in- 
accessible for  want  of  communication.  There  was  a  saw-mill  in  that  quarter,  but  the  par- 
ties had  to  give  it  up. 

By  Mr.  Vickers  : 

Q.  What  is  the  intellectual  condition  of  the  people  in  the  country  ? — A.  In  the  country 
they  are  entirely  ignorant ;  in  the  interior,  perhaps,  not  one  man  in  fifty  can  read  or  write. 

Q.  Are  they  an  excitable  people,  and  ready  to  follow  any  general  or  leader  iu  any  revolu- 
tionary movement  ? — A.  Yes,  sir ;  you  can  see  that  by  the  constant  revolutions  they  have 
had. 

Q.  Did  you  communicate  to  General  Babcock  that  you  had  no  fear  of  the  life  of  Mr. 
Hatch? — A.  General  Babcock's  interviews  with  myself  were  very  limited,  and  I  did  not 
know  that  he  was  an  officer  of  the  government  until  the  arrival  of  the  Tuscarora,  as  I  men- 
tioned last  night.  Everybody  knew  my  sentiment.  I  did  not  think  for  one  moment  that  Mr. 
Hatch  was  a  guilty  man,  in  any  way. 

Q.  Did  you  communicate  to  General  Babcock  that  you  had  no  fear  for  liis  life  ? — A.  No  ; 
I  did  not  know  it  when  he  went  away.  It  was  subsequent  to  his  departure  that  I  got  that 
information, 

Q.  Did  you  see  General  Babcock  on  his  second  visit? — A.  No;  I  had  left  there  two  days 
previous  to  h  s  arrival. 

By  the  Chairm.\n  : 

Q.  Were  you  ever  at  Azua  ? — A.  I  never  went  down  there. 
Q,  W^ere  you  ever  at  Barahona  ? — A.  No. 

Q.  Did  you  go  into  the  couutry  at  all  ? — A.  Only  in  the  neighborhood  of  San  Domingo 
City. 

By  Mr.  Vickkks: 

Q.  What  is  the  population  of  San  Domingo  City  ? — A.  Some  put  it  down  at  7,000,  others 
at  1U,0U0.  1  think  it  must  be  at  least  8,000.  It  is  a  city  large  enough  to  contain  30,000  or 
40,000  inhabitants. 

By  Mr.  Howard  : 

Q.  Is  the  population  chiefly  black  ? — A.  Most  of  them  black;  but  a  good  many  colored 
people,  and  some  almost  wliite. 

By  Mr.  Willi AM.S: 

Q.  When   did   Delmotite  tell  you  that  you  need  liavc  no  apprehensions  that  Mr.  Hatch 

■would  he  liHimed  ? — A.  'I'hc  night  he  was  ordered  to  be  taken  down  to  Azua. 

Q.  Was  lliat  before  or  after  tu'iicral  J5abcock  left  ?— A.  After.  That  was  told  me  iu  con- 
fidence. 

By  Mr.  Howard: 

Q.  Were  you  in  tlie  habit  of  giving  Iiills  nf  hraltli  to  vessels  clearing  from  the  port  of  San 
Domingo? — A.  Of  course  to  tiioso  coming  fmrn  the  Uiiiled  States  I  gave  all  liie  bills  of 
health. 

Q.  Did  yoti  ever  give  anything  l)ut  a  clean  bill  (.f  healtli  to  a  vessel  from  that  port? — A.  I 
think  not.     ]  thinli  there  was  no  epidemic  at  the  time  I  was  tliero. 

Q.  If  there  liad  been  any  great  disease  there,  you  would  not  have  given  a  clean  bill  of 
health  ? — A.  Certainly  not. 

J.  W.  Faijiins  called. 

Mr.  Howard.  Mr.  Fabens,  wo  have  invited  you  before  this  committee  for  the  purpose  of 
hearing  some  statj-ments  from  you,  if  yon  see  fit  to  nnike  them.  I  suppose  you  arc  entirely 
aware  t>f  the  rules  of  international  law  in  respect  to  your  privileges. 

Mr.  WarnlR.  Has  Mr.  labuns  been  sworn  ? 


DAVIS    HATCH.  167 

Mr.  Howard.  Ho  has  not  been.  I  suppose  it  is  entirely  discretionary  with  Mr.  Fabens 
whetlier  he  will  make  any  statement  before  us,  or  whether  lie  will  bo  sworn.  I  take  it,  the 
law  leaves  it  entirely  to  his  discretion.  We  have  no  rip^'ht  to  call  him  as  a  witness  ;  I  do 
not  think  we  have  any  rij^lit  to  swear  him  as  a  witness ;  and  I  take  it,  the  law  leaves  it  to 
his  discretion  whether  he  will  make  a  statement  or  whether  he  will  not,  or  whether  he  will 
be  sworn  or  not.     You  can  say,  Mr.  Fabens,  what  you  will  do. 

Mr.  Fauens.  I  am  perfectly  willing:  to  make  a  statement  and  be  sworn  here. 

Mr.  Howard.  Are  you  willing  to  be  sworn  ? 

Mr.  Fabens.  I  am. 

Mr.  ScHiiRZ.  Are  you  willing  to  submit  to  any  cross-examination  ? 

Mr.  Fabens.  I  am  willing  to  submit  to  any  examination  that  does  not  imply  any  expo- 
sure of  state  secrets,  such  as  conversations  that  may  have  occurred  with  the  Secretary  of 
State,  or  the  President,  without  their  previous  consent. 

Mr.  ScHURZ.  What  you  consider  state  .secrets  in  your  discretion  ? 

Mr.  Fabens.  Yes. 

Mr.  Howard.  Of  course  he  must  be  allowed  that  discretion. 

The  Chairman.  He  has  the  same  privilege  that  Mr.  Fish  had  about  that. 

Mr.  Howard,  (to  Mr.  Fabens.)  You  can  be  sworn  or  make  your  statement  without  oath, 
as  you  prefer. 

Mr.  ScHURZ.  As  the  committee  are  aware,  I  objected  to  Mr.  Fabens's  examination,  under 
such  circumstances,  and  I  wish  that  objection  to  go  on  record. 

The  Chairman.  A  general  objection  to  swearing  him  ? 

Mr.  ScHURZ.  No;  an  objection  to  his  examination  if  he  has  any  state  secrets  to  reserve. 

Mr.  Howard.  Will  Senator  Schurz  be  good  enough  to  state  a  little  more  definitely  what 
his  objection  is? 

Mr.  Schurz.  I  object  to  Mr.  Fabens  being  examined  at  all,  if  he  cannot  bo  cross-examined 
with  entire  freedom,  and  if  he  has  any  reservations  to  make  concerning  important  points  in 
this  investigation. 

Mr.  ViCKERS.  It  is  understood,  I  believe,  that  Mr.  Fabens  has  not  been  summoned  as  a 
witness. 

The  Chairman.  He  has  been  requested  to  come. 

Mr.  Howard.  Invited  to  come  before  the  committee? 

Mr.  Schurz.  I  understood  at  first  that  Mr.  Fabens  had  offered  himself  as  a  witness. 

The  Chairman.  No  ;  I  requested  him  to  come. 

*Mr.  Williams.  I  submit  to  the  committee  that  as  this  is  a  proceeding  on  the  part  of  the 
government  of  the  United  States  to  liold  the  Dominican  government  responsible  for  its 
treatment  of  Mr.  Hatch,  accompanied  with  a  claim  for  damages  on  that  government,  Mr. 
Fabens,  as  the  representative  of  the  Dominican  government,  should  be  allowed,  on  behalf 
of  his  government,  to  state  to  this  committee  whatever  he  pleases  in  reference  to  Mr.  Hatch, 
or  matters  connected  with  his  claim.  I  think  his  government  is  entitled  to  be  heard  on  this 
question. 

Mr.  Howard.  I  think  so.     And  he  may  do  it  either  with  or  without  oath,  as  he  pleases. 

Mr.  Williams.  I  think  it  is  discretionary  with  him  to  submit  himself  to  any  examina- 
tion or  not;  but  he  may  make  such  statement  to  this  committee  as  he  sees  proper,  on  behalf 
of  his  government,  in  reference  to  this  matter  of  damages. 

The  Chairman.  It  must  be  so,  as  we  are  trying  that  government,  apparently. 

Mr.  Howard.  Of  course. 

The  Chairman.  Now,  I  will  ask  Mr.  Fabens  whether  he  will  be  sworn,  or  whether  he 
will  make  his  statement  without  oath. 

Mr.  Williams.  I  think  he  had  better  go  on  and  make  his  statement. 

Mr.  Howard.  The  Secretary  of  State  was  not  sworn. 

Mr.  Williams.  I  move  that  Mr.  Fabens  proceed  lo  tell  us  what  he  sees  proper  about  the 
case  of  Mr.  Hatch. 

The  Chairman.  That  will  bo  understood  to  be  the  sense  of  the  committee. 

Mr.  Howard,  (to  Mr.  Fabens.)  Were  you  acquainted  with  Davis  Hatch? — A.  I  was. 

Q.  Where  did  yoa  first  know  him  ? — A.  I  first  knew  him  in  Sau  Domingo  City. 

Q.  At  what  time? — A.  I  think  it  was  in  1865. 

Q.  In  what  capacity  was  he  acting  at  that  period  ? — A.  He  was  representing  a  salt  inter- 
est, a  concession  from  the  Spanish  government  to  some  New  York  gentlemen  of  a  salt  mine 
near  Noyba. 

Q.  Was  your  acquaintance  with  him  intimate  or  casual  ? — A.  It  was  pretty  intimate. 

Q.  Where  did  he  reside  at  that  time  in  San  Domingo  ? — A.  At  the  capital,  San  Domingo 
City. 

Q.  Was  that  the  only  branch  of  business  he  was  engaged  in  ? — A.  That  was  all  he  was 
engaged  in  at  that  time  that  I  am  aware  of. 

Q.  Were  you  in  San  Domingo  in  1868  and  1>^60  ?— A.  I  was  there  in  the  early  p^rt  of 
1863.     I  left  there  on  the  20th  of  April.  1868,  I  think,  and  came  here  to  Washington. 

Q.  State  whether  you  are  a  native  of  the  United  States,  and  whether  you  are  an  American 
citizen,  or  whether  you  have  laid  aside  your  nationality. — A.  I  am  a  native  of  the  United 
States,  and  an  American  citizen. 


168  DAVIS    HATCH. 

By  the  Chairman  : 
Q.  Of  what  State  are  you  a  native  ? — A.  Massachusetts. 

By  Mr.  ScHURZ : 
Q.  Are  you  uow  the  minister  plenipotentiary  of  the  Dominicaa  Republic  ? — A.  I  am. 
Q.  Are  you  a  Dominican  citizen? — A.  I  am  not. 

By  Mr.  Howard  : 

Q.  I  find  this  statement  made  by  Mr.  Perry  in  a  letter  to  the  Secretary  of  State  of  the 
United  States,  dated  June  7,  1870,  to  which  I  wish  to  call  your  attention  : 

"I  sailed  on  the  steamer  Tybee  on  the  3d  day  of  November,  1869,  for  San  Domingo,  and 
met  on  the  voyage  Mr.  Fabens,  who  was  full  of  his  accounts  of  the  rascality  of  a  Mr.  Hatch, 
and  expres.^ed  a  wish  I  sliould  not  release  him  on  my  arrival  at  San  Domingo,  as  he  was  an 
enemy  to  Baez  and  annexation,  and  also  to  himself  and  Cazneau  ;  and  that  ho  (Fabens)  and 
his  friend  Cazneau,  as  he  represented,  a  man  of  great  wealth  and  influence  in  San  Domingo 
and  at  Washington,  would  indorse  me;  that  I  had  a  great  opportunity  for  making  a  rapid 
fortune,  &c." 

State  to  the  committee  what  you  may  think  proper  to  say  on  the  subject  of  that  alle- 
gation in  Mr.  Perry's  letter. — A.  There  is  no  truth  in  it  at  all.  I  cannot,  of  course, 
recollect  all  the  conversations  that  may  have  occurred  on  the  ship  going  down  ;  but  I  am 
satisfied  that  there  was  no  conversation  of  that  nature,  nothing  of  that  character  in  regard 
to  Hatch,  as  at  that  time  I  was  convinced  that  Mr.  Hatch  was  at  liberty.  Neither  did  I  ever 
understand  that  Mr.  Hatch  was  opposed  to  annexation  or  would  under  any  circumstances  do 
anything  to  retard  it. 

By  Mr.  ScnuRZ: 

Q.  Did  you  have  any  conversation  with  Mr.  Perry  about  Mr.  Hatch  ?-=-A.  I  do  not  recol- 
lect mentioning  the  name  of  Mr.  Hatch  on  that  voyage. 

Q.  Do  ydU  recollect  what  your  conversations  with  Mr.  Perry  were,  about  Hatch? — A.  I 
do  not  distinctly — I  cannot  call  them  up. 

Q  So  3'ou  only  say  that,  ailhough  you  do  not  recollect  what  your  conversations  were 
about  him,  this  statement  is  not  correct? — A.  Yes,  sir;  I  am  satisfied  that  this  statement 
is  not  correct. 

By  Mr.  Howard  : 

Q.  Please  give  your  reasons  for  that  belief  in  your  own  mind,  if  you  have  any  ? — A.  My 
reason.s  arc,  as  I  have  stated,  that  I  had  no  grounds  for  believing  that  Mr.  Hatch  was  de- 
tained at  tliat  time,  and  I  had  no  such  feelings  toward  Mr.  Hatch  ;  I  did  not  sujjpose  that 
he  could  influence  the  question  of  annexation,  or  was  disposed  to  do  so,  unfavorably. 

By  Mr.  Schurz  : 

Q.  Do  you  say  that  you  had  no  knowledge  of  Mr.  Hatch  being  detained  ? — A.  At  that 
time  I  understood,  not  tiiat  he  had  been  pardoned,  but  that  his  sentence  of  death  had  been 
commuted  to  banishment;  that  is  the  information  tliat  I  had  received. 

Q.  Had  you  any  knowledge  of  the  iinprisoniiient  and  trial  of  Mr.  Hatch? — A.  I  heard  of 
it;   I  was  iu  the  States  at  the  time;  I  was  iu  New  York. 

Q.  Were  you  in  San  Domingo  in  July  and  August,  J 809? — A.  I  was  in  July  and  a  por- 
tion of  August,  I  think. 

Q.  Did  you  tlien  hcjar  anything  about  Mr.  Hatch? — A.  I  heard  that  ho  was  arrested. 

Q.  What  were  your  relations  with  Mr.  llatcli  at  tiie  time? — A.  My  relations  were  friendly 
enough  ;   my  acquaintance  with  Jlr.  Hatch  and  his  associate  was  a  friendly  one  always. 

By  Mr.  Howakd  : 

Q.  In  Mr.  Perry's  letter  of  tlie  7lli  of  .Tune  there  is  another  allegation  to  which  I  wish  to 
call  your  attention,  as  follows  : 

"Tlie  night  tlie  Alliany  sailed  with  General  Babcock  for  Samana  from  San  Domingo, 
Fabens  and  Cazneau  brought  in  a  pa))cr  for  lands  at  Samana;  they  wished  mo  to  certify  to 
their  signatine  as  correct.  I  did  so;  at  tlie  same  time  remarking  that  they  were  com 
nicncing  hiisiri(!ss  very  soon,  a*  tlie  treaty  was  signed  that  day.  They  asked  me  to  say 
nothing  ahout  it.  Falx'iis  and  all  lianils  sailed  on  lli(>  Albany  that  night  for  Samana,  where 
Fabens  was  left  us  agent  of  the  I  iiiled  Stales,  in  charge  of  the  llag  and  naval  eoal  yard,  where 
h(!  is  receiving  lniid)er  and  go(jds  free  of  all  jiort  chaigc^s,  repiesenling  them  as  government 
properly,  nnilerNclling  all  oiliers  engagi'd  in  liusines.s  at  Samana.  Americans  and  Domini- 
cans at  Samana  liave  com|)lained  about  this  and  other  matters  to  me." 

Have  yon  any  reply  to  make  to  that  allegation  of  Mr.  Perry's  letter? — A.  Yes,  sir;  it  is 
altogether  a  misreiiresc^ntation.  The  paper  certified  to  by  him  on  tlii;  evening  that  I  went 
on  board  the  Albany,  some  four  or  five  days  after  the  signing  of  the  treaty,  was  a  |)o\ver  of 
attorney  from  Mr.  Cazneau  to  nii!,  transferring  his  jiower  from  Mr.  L.  K.  Wellon,  of  Ni'w 
York,  who  was  the  owncM'  of  some  town  lots  in  Samana,  to  look  after  that  proiJcrly  for  Mr. 
Welton  and  his  aesociatcs.     That  was  the  paper.     The  certificate  of  the  commercial  agout 


DAVIS    HATCH.  169 

was  to  the  sigiKiture  of  Mr.  Cazneau.  There  was  no  sifrnature  of  mine  on  the  paper.  It 
was  a  transfer  to  me  of  his  power  of  attorney  from  Mr.  Lewis  K.  Welton,  of  New  York. 

Q.  Was  that  the  only  paper  to  which  Perry  certified  ? — A.  The  only  paper. 

Q.  Now,  about  the  port  charpfes  at  Samaua.  Wiiat  connection  had  yon  with  Sainana 
Bay  ? — My  connection  with  that  bay  was  that  I  receipted  for  the  fla^s  to  the  commander  of 
the  Albany,  and  received  the  funds  to  pay  the  men  who  were  enlisted  to  take  charp^e  of  the 
flag.  Tile  coal  shii)s  were  instructed  to  report  to  me,  which  they  did,  l»y  order  of  the  Navy 
Department-  Of  course  they  entered  free  of  port  charges.  The  only  other  consignment  or 
vessel  wliich  I  received  was  a  vessel  which  belonp^ed  to  the  steamship  line,  which  also  was 
free  of  port  charges  by  their  steamship  convention,  by  order  of  the  Dominican  government. 
This  was  a  steamship  convention  made  with  the  Dominican  government  for  the  running  of 
the  steam  line,  and,  by  the  terms  of  the  convention,  all  vessels  bringing  goods  for  the  steam- 
ship line  entered  free  of  all  port  charges.  This  vessel  brought  some  lumljor,  a  portion  of 
which  was  reserved  for  a  coal  shed  over  the  coal  on  the  island  where  the  United  States  coal 
depot  is  established.  My  instructions  from  the  Navy  Department  were  to  select  a  suitable 
place  for  a  coal  station  and  look  after  the  coal,  and  a  portion  of  this  lumber  was  placed  oa 
the  island  and  reserved  for  that  purpose. 

Q.  Here  is  a  more  particular  allegation,  "that  he  (Fabens)  is  receiving  lumber  and 
goods  free  of  all  port  charges,  representing  them  as  government  property,  underselling  all 
others  engaged  in  business  at  Samana."  What  do  you  say  to  that? — A.  Tiierchas  been  no 
sale  of  any  goods  to  Americans  or  Dominicans  at  Samana  of  any  government  property.  If 
there  have  been  any  goods  of  the  steamship  company  sold  to  anybody  at  Samana  they  have 
paid  the  regular  duty,  in  accordance  with  the  terms  of  the  steamship  convention,  which  is 
on  file  at  the  State  Department  here. 

Q.  Do  you  know  anything  about  Mr.  Cazneau  presenting  a  petition  to  the  senate  of  San 
Domingo  on  the  29th  of  April,  1870,  for  grants  or  concessions  of  laud  to  be  made  to  him 
or  others? — A.  I  do  not. 

Q.  Have  you  any  knowledge  on  that  subject? — A.  I  have  not. 

By  Mr.  ScHURZ : 
Q.  Do  you  know  anj-thing  of  a  petition  being  presented  for  Mr.  Cazneau  to  the  senate? — 
A.  No,  sir  ;  I  do  not.  I  presume  what  is  referred  to  may  be  a  colonization  grant  given  to 
William  L.  Cazneau,  for  introducing  colonists  on  the  frontier  of  the  republic,  made  on  the 
28th  of  May,  181)6 — I  think  that  was  under  President  Cabral — conlirmed  and  amplified  on  the 
10th  of  September,  and  15th  of  October,  1809.  I  suppose  that  is  what  is  referred  to.  That 
figures  in  the  list  of  grants  and  concessions,  a  copy  of  which  is  on  file  at  the  State  Depart- 
ment.    I  have  here  a  list  made  out  up  to  the  18th  of  April  last. 

By  Mr.  Howard  : 

Q.  Have  you  any  objection  to  our  looking  into  that  list? — A.  I  have  not.  It  contains,  I 
believe,  a  full  list  of  all  grants  and  concessions  up  to  April  18,  1870  ;  and  I  can  safely  aflarm 
that  none  have  been  made  since  or  proposed  since,  and  nothing  has  been  made  or  proposed 
since  the  signing  of  the  treaty  on  the  "iyth  of  November. 

(The  document  was  produced  ) 

Q.  This  document  appears  to  be  in  Spanish.  Have  you  a  translation  of  it  ? — A.  I  have  not 
here.     There  is  a  translation,  I  think,  at  the  State  Department. 

Q.  Can  you  give  us  a  sketch  of  it  ore  tenus  without  the  trouble  of  translating  it  all? — A. 
Yes,  sir.  It  is  a  list  of  concessions  which  have  been  made  by  the  Dominican  Republic  to  in- 
dividuals and  companies.  First,  a  concession  made  to  Mr  Williaui  L.  Cazneau  for  the  in- 
trodiu-tion  of  a  number  of  immigrants  into  the  provinces  of  San  Domingo  and  Azua,  and  the 
establishment  of  settlers  on  the  frontier  line  of  the  republic.  Contract  made  May  28,  18()G, 
confirmed  and  amplified  the  lOth  of  September  and  l.')th  of  October,  1869.  Second,  conces- 
sion made  to  Mr.  Davis  Hatch  on  the  27th  of  September,  1866,  for  the  working  of  mines  of 
rock  salt  in  the  district  of  Neyba,  and  the  building  of  a  railroad  from  the  shore  of  Barahona 
to  the  point  where  said  mines  exist. 

By  the  Chairman  : 
Q.  Is  that  concession  still  in  force. — A.  It  is  still  in  force.  I  have  a  copy  of  the  concession. 
It  was  confirmed  by  the  government  of  President  Baez.  Third,  concession  to  Mr.  J.  W. 
Fabens  for  a  geological  examination  and  general  mineralogical  exploration  in  all  the  prov- 
inces and  districts,  made  on  the  od  of  July,  18G8,  and  which  are  being  carried  on  under  the 
direction  of  Professor  William  M.  Gabb,  of  Philadelphia,  as  geologist  in  chief. 

By  Mr.  ScHURZ : 
Q.  Were  there  any  rights  accruing  to  you  or  grants  of  laud  in  consequence  or  by  virtue 
of  this  survey? — A.  Yes.  For  this  survey  I  was  to  be  paid  in  lands.  I  was  authorized  to 
make  this  survey,  and  to  form  a  company  for  the  purpose  of  making  it  in  a  proper  manner ; 
and  as  I  considered  the  concession  a  very  good  one,  I  was  desirous  that  it  should  be  carried 
out.  I  took  the  precaution  at  that  time  of  sending  a  copy  of  the  concession  to  the  State 
Department  at  Washington,  and  getting  the  views  of  our  government  upon  it.     I  received 


170  DAVIS    HATCH. 

in  reply  a  letter  advising  me  of  the  receipt  of  the  contract,  and  giving  me  the  opinion  of  the 
American  cjovernment  as  to  the  character  of  it. 

Q.  To  what  extent  were  you  to  be  paid  in  lands  for  that  survey  ? — A.  There  is  a  copy  of 
this  in  the  State  Department  which  will  show. 

Q.  You  can  make  a  statement  of  it  if  you  choose  ? — A.  We  were  to  receive  one-fifth  of  all 
the  public  lauds.  A  copy  of  the  contract  is  in  the  Department  of  State.  I  have  the  letter  of 
Mr.  Seward  expressing  his  views  of  it,  to  which  I  have  just  alluded. 

By  the  Chairman  : 

Q.  Will  you  read  that  letter  ? — A.  It  is  as  follows  : 

"  Department  of  Statf, 

"  Washington,  August  19,  1868. 

"Sir:  Your  letter  of  the  14th  instant  has  been  received,  with  its  accompaniment,  namely, 
the  copy  of  a  contract  which  has  been  made  between  yourself  and  the  Dominican  govern- 
ment for  an  exploration  and  geological  and  miueralogical  examination  of  the  different  prov- 
inces and  districts  of  the  Dominican  Republic.  The  contract  seems  to  be  a  fair  one  and  yet 
one  which  is  marked  with  sagacious  liberality  on  the  part  of  the  Dominican  government. 
If  its  provisions  should  be  executed,  it  cannot  be  doubted  that  the  results  would  be  useful, 
not  only  to  the  Dominican  government  but  also  to  commerce  and  civilization  in  the  West 
Indies  generally. 

"  It  is  especially  gratifying  to  see  that  citizens  of  the  United  States  take  so  deep  an  interest 
in  developing  the  resources  of  a  sister  republic. 

"The  executive  branch  of  this  government  has  no  lawful  authority  to  assume  any  control, 
direction,  or  regulation  of  the  proceedings  which  are  contemplated  by  the  contract.     Never- 
theless I  have  cheerfully  caused  the  same  to  be  carefully  translated  and  filed  in  tlie  archives 
of  the  Department  of  State,  and  I  return  the  original  herewith  agreeably  to  your  request. 
"  I  am,  sir,  your  obedient  servant, 


"  Colonel  J.  W.  Fabens, 

"90  Broadway,  Neic  York." 


"WILLIAM  H.  SEWARD. 


By  Mr.  Howard  : 

Q.  Please  go  on  and  state  the  rest  of  that  list. 

A.  4th.  The  convention  celebrated  with  Mr.  R.  M.  Funkhouser  on  the  7tli  of  October, 
1868,  for  the  establishment  of  a  line  of  mail  steamers  between  the  ports  of  New  York  and 
New  Orleans  and  those  of  tlie  republic,  for  which  the  republic  shall  pay  fifteen  per  cent,  of 
tiie  duties  of  exportation  on  the  merchandise  carried  by  said  steamers. 

5th.  Permission  granted  to  Mr.  Pedro  Antonio  Delgado  to  take  guano  from  Alta  Vela, 
(annulled  by  decree  of  the  government,  with  the  consent  of  the  consulting  setiate  and  given 
to  Mr.  Edward  H.  Hartmont,  for  the  exportation  of  guano,  in  connection  with  or  in  relation 
to  a  loan. ) 

•ith.  Concession  made  to  Edward  H.  Hartmont  on  the  1st  of  February.  18C9,  for  the  con- 
struction of  a  railroad  from  Monte  Christo  to  Santiago  or  from  Santiago  to  Yuna,  relative  to 
which  tliert!  shall  be  a  grant  of  lands  along  the  side  of  the  road ;  the  purport  of  a  special 
concession.  1  believe  that  concession  lias  never  been  made;  I  think  that  has  lapsed;  I  so 
understand. 

By  Mr.  SCHURZ : 

Q.  How  large  was  that  grant  of  land  to  be? — A.  I  do  not  know,  indeed  ;  I  think  it  is 
not  agreed  upnu;  I  do  not  find  anything  upon  the  subject;  I  believe  I  have  a  copy  of  that 
original  grant  here. 

By  the  Chairman  : 

Q.  I  believe  it  is  conceded  that  it  lias  lapsed  7 — A.  Yes,  sir;  work  was  to  have  been  com- 
menced witliiii  a  year,  and  it  was  not. 

7th.  Concession  made  to  M<"ssrs.  Ivlward  Prime  and  Edward  P.  Hollister,  of  the  date  of 
July  4,  l-'C)!),  for  the  OHtal>lislimeiit  of  a  national  bank,  amplified  on  the  second  of  September 
of  the  sami'  year. 

8th.  To  ^i^.  Edward  H.  Hartmont,  in  case  of  realizing  a  loan  of  £42n,()(l()  sterling,  a 
grant  lor  the  working  of  the  coal  mines  fif  Sainana,  made  May  1,  lH(i9. 

9tli.  CtincesHion  to  Frederick  H.  Fischer,  of  the  city  and  State  of  New  York,  to  build  a 
railroad  from  the  city  of  Santiago  do  los  Caballeros  to  tlie  month  of  the  river  Yuna,  or 
some  other  port  of  tin-  |]cninsula  of  Saiiiaiia,  iUli  Scptcwiiber,  lH(i9. 

(^.  Is  tliat  in  f'orci;  now! — A.  Vcs,  sir;  Hint  was  made  on  tlie  Dth  of  S<'ptember  last  to 
Fischer;   he  isaNorlli  (htiikhi  by  birth,  I  belicvi'. 

10th.  Concessirni  made  to  Scnor  Felix  Monticatliiia,  IM  August,  1HG7,  for  buihling  a  rail- 
road from  the  mouth  of  the  O/.aina  to  Cuajo  Medina,  ilistrict  of  San  Christobal,  amplified 
and  remodeled  in  favor  of  Mr.  V.  Scliumacker  and  Lewis  P.  Angenard,  who  had  become  pos- 
sessed by  a  contract  made  in  Baltimore  22d  January,  18G8,  in  accordance  with  their  petition 


DAVIS    HATCH.  171 

of  12th  July,  1860.  This  concession  was  made  and  amplified  and  remodeled  in  favor  of 
those  o;eutlenien,  in  accordance  with  their  petition  of  July  1*2,  ]8G'J. 

Those  are  all  the  concessions.  Now  follow  some  mining  grants,  which  are  in  accordance 
with  the  mining  law : 

1st.  To  the  Society  of  Industrial  Progress — that  is,  a  society  of  young  gentlemen  in  San 
Domingo,  young  Dominicans — a  copper  mine  in  the  department  of  Cobre  and  district  of 
San  Christobal,  Ttth  November,  1866. 

2d.  Concession  to  William  L.  Cazneau  of  a  copper  mine  at  Monte  Mateo,  in  the  section 
of  Cambita,  district  of  San  Christobal,  18th  January,  1867. 

3d.  Concession  to  William  L.  Cazneau  of  a  mine  of  copper  in  Maiio  Malney,  section  of 
Cambita,  district  of  San  Christobal,  July  12,  1869. 

By  Mr.  Schurz  : 

Q.  Are  there  not  land  grants  with  these  concessions  of  mines  ? — A.  Yes,  sir  ;  there  is  a 
certain  amount  of  land  given. 

Q.  Is  it  a  large  amount? — A.  It  is  not  what  we  should  call  a  large  amount;  a  small 
amount. 

Q.  Have  you  an  estimate  of  it? — A.  I  have  not.  It  is  fixed  by  the  law  of  the  republic; 
so  much  land  properly  belongs  to  a  mine. 

By  Mr.  Vickers: 

Q.  Is  it  a  thousand  acres  ? — A.  No,  sir. 

By  Mr.  ScHURZ : 
Q.  Have  you  a  general  idea  as  to  how  large  those  land  grants  connected  with  mines  are  ? — 
A.  I  have  not 

By  Mr.  Howard  : 

Q.  Is  it  regulated  by  law  ? — A.  Yes,  sir ;  entirely. 

Q.  A  certain  quantity  to  be  given  to  every  man  who  works  a  mine? — A.  To  any  person 
who  may  discover  and  denounce,  as  it  is  termed,  a  mine  and  work  it.  The  mine  must  be 
worked  under  certain  conditions,  or  the  title  lapses. 

Q.  Go  on  with  the  paper. — A.  It  continues : 

4ih.  Concession  to  William  L.  Cazneau,  in  the  department  called  Mountain  of  the  Boca  de 
Diamarte,  in  the  province  of  San  Christobal,  July  12,  1867. 

5th.  Concession  to  Messrs.  Combiaso  &  Co.,  for  working  copper  in  the  district  called 
Boca  de  Cuajo,  section  of  Medina,  Upper  Jaina,  province  of  San  Christobal,  October  24, 1867, 

6th.  Concession  to  the  company  called  the  San  Domingo  Company — that  is  the  survey 
company. 

By  Mr.  Schurz  : 

Q.  Your  company? — A.  Yes,  sir;  we  are  doing  business  under  the  name  of  the  San 
Domingo  Company.  This  concession  is  of  a  mineral  perimetro  called  Buenaventura,  situ- 
ated in  Jaina  Aroba,  in  the  district  of  San  Christobal,  in  payment  of  the  geological  work 
done  in  the  province  of  San  Domingo,  and  in  accordance  with  the  contract  of  July  8,  1868. 

By  Mr.  Howard  : 

Q.  Is  that  the  whole  of  the  paper? — A.  Yes,  sir. 

Q.  I  suppose  none  of  these  grants  are  made  in  fee  simple,  according  to  the  English  or 
American  law  ? — A.  They  are  made  in  absolute  fee,  I  believe. 

Q.  Are  not  the  concessions  made  upon  certain  conditions,  subsequently  to  be  performed 
by  the  concessee? — A.  The  mining  concessions  are. 

Q.  Conditioned  that  he  shall  perform  subsequently  to  the  date  of  the  graut  certain  duties 
imposed  upon  him  by  the  terms  of  the  grant,  such  as  making  certain  improvements,  doing 
this,  and  doing  that? — A.  Yes,  sir. 

Q.  Is  not  that  also  the  character  of  the  concessions  of  ordinary  agricultural  lands,  that  the 
party  shall  settle  and  improve  the  lands  within  some  time  fixed  after  the  date  of  the  grant  ? — 
A.  Yes,  sir. 

Q.  And  in  case  he  fails  to  perform  these  conditions  the  concession  lapses  to  the  govern 
ment? — A.  Yes  ;    that  is  the  case. 

By  Mr.  Vickers  : 

Q.  What  is  the  usual  condition  of  a  grant  for  mines?— A.  That  they  shall  be  worked  in 
accordance  with  the  rules  of  mining;  that  they  shall  not  be  left  for  anj' length  of  time: 
that  the  work  shall  not  be  at  any  time  in  a  dangerous  condition;  and  that  the  rights  of 
neighbors  shall  not  be  interfered  with. 

Q.  Suspended  for  so  long  a  time.  How  long? — A.  I  think  a  suspension  of  six  months 
works  a  forfeiture  ;  but  I  am  not  quite  clear  on  the  point. 


172  DAVIS    HATCH. 

By  Mr.  Schurz  : 

Q.  Are  you  interested  in  a  copper-mining  company  ? — A.  I  have  some  small  interest 
there. 

Q.  Do  you  know  how  large  the  grant  of  land  is  connected  Avith  that  copper  mine  ? — A.  I 
Ho  not  at  this  moment. 

Q.  Can  you  not  form  an  estimate  ? — A.  There  were  three  mines,  I  think. 

Q.  Three  that  3'ou  were  interested  in? — A.  Yes,  sir. 

By  Mr.  Vickers  : 
Q.  Are  the  lands  connected  with  the  mines  suitable  for  agricultural  purposes  ? — A.  There 
are  some  in  the  neighborhood. 

By  Mr.  ScHURZ : 

Q.  You  spoke  of  the  conditions  attaching  to  mining  grants,  what  conditions  are  attached 
to  the  agricultural  land  grants  ? — A.  That  the  land  shall  be  occupied  and  improved  within  a 
certain  time.     Tliero  is  a  law  of  the  republic  on  that  subject. 

By  Mr.  Howard  : 

Q.  Is  there  not  a  law  also  that  the  concessee  shall  make  a  retixru  of  the  survey  of  his  grant 
to  some  proper  office  within  a  given  time  ? — A.  I  think  there  is. 

By  Mr.  Warner  : 

Q.  Are  the  grants  which  are  made  in  aid  of  railroads  conditioned  on  the  railroads  being 
built  in  a  certain  way  and  a  certain  time  ? — A.  Yes,  sir ;  they  are  made  on  tlie  condition  of 
the  work  being  commenced  within  a  certain  time,  and  completed  within  a  certain  time,  and 
being  constructed  according  to  certain  rules. 

By  Mr.  Howard  : 

Q.  What  is  the  condition  of  the  trade  and  commerce  of  the  island  ?  Of  course  I  expect 
you  to  answer  in  very  general  terms. — A.  The  exports,  I  suppose,  will  reach,  in  a  fair  year, 
the  sum  of  $2,000, OUU  in  value.  The  great  staples  exported  are  tobacco,  sugar,  a  little  coffee, 
not  much ;  very  little  cotton. 

Q.  Precious  woods? — A.  Woods — mahogany,  satinwood,  lignumvita?,  fustic,  logwood,  &c. 

Q.  In  whose  hands  is  this  trade  mainly  at  tliis  time  ! — A.  rhe  great  bulk  of  the  trade  on 
the  north  side  of  the  island  is  in  the  hands  of  the  Germans.  The  north  side  is  the  great 
productive  portion  of  the  island. 

By  Mr.  SciiURZ : 

Q.  Germans  residing  in  the  cities  ? — A.  Yes,  sir ;  they  buy  and  ship  most  of  the  crop. 

Q.  Are  there  any  Germans  tilling  the  soil  there? — A.  I  do  not  think  there  are  many. 
There  may  be  some  few  on  the  north  side,  in  the  tobacco  region. 

Q.  After  you  left  San  Domingo  for  the  United  States,  in  September,  and  arrived  in  this 
country,  did  you,  while  in  this  country,  get  any  knowledge  of  Mr.  Hatch  ?— A.  Nothing 
very  definite.  I  heard  by  private  letter,  and  saw  in  the  newspapers,  that  Mr.  Hatch  had 
been  sentenced  to  death,  and  pardoned  by  the  President  of  San  Domingo. 

Q.  You  say  you  heard  that  by  private  letter.  Did  that  private  letter  also  state  that  ho 
was  not  released  ? — A.  No.  My  impression  is  that  that  letter  stated  that  he  was  to  be  re- 
leased ;  tliat  ho  was  pardoned  and  was  to  be  banished. 

Q.  Have  you  any  ubjection  to  telling  from  whom  that  private  letter  was  ? — A.  No,  sir. 
Tliat  private  letter  was  from  General  Cazneau. 

Q.  And  lie  did  not  inform  you  that  Mr.  Hatch  had  not  yet  been  released  ? — A.  He  did  not. 
I  think  I  gatliered  from  the  letter  that  that  was  the  end  of  the  Hatch  matter ;  that  he  was 
parduiieil  and  would  bo  sent  out  of  the  island. 

Q.  Did  you  have  any  conversation  about  Mr.  Hatch  hero  with  persons  connected  with  the 
goveniiiient,  while  VDU  wer(!  here,  previous  to  your  departure  from  this  country,  with  Mr. 
Perry,  for  San  Domingo  ? — A.  No,  sir. 

Q.  Did  you  have  any  conversations  with  General  Babcock  about  Mr.  Hatch  7 — A.  None 
at  all. 

Q.  You  say  that  you  received  consignments  of  goods  through  the  SpofTord  &  Tileston 
Bteamcrs  at  Samana  Bay  7 — A.  No,  sir.  1  think  I  did  not  state  tlnit.  1  did  not  intend  to 
State  that. 

Q.  I)id  you  not  say  that  you  received  consifrnments  of  lumber  ? — A.  No  ;  I  said  that  one 
vessel  came  tlicre  with  lumber  for  tlie  steamsiiip  compaii}',  wliicli  lumber  was  to  be  used  for 
the  steamship  coiii])any.  Slie  brouglit  out  a  regularly  certified  manifest  from  the  Dominican 
consul  general,  and  in  accordance  with  the  stt^amshii)  convention,  entered  her  goods  for  the 
flteauisiiip  company.  I  had  notiiiiig  to  d<j  with  it  in  any  way,  (except  that,  as  a  friend  of  the 
parties,  I  received  it,  and  there  it  is. 

Q.  So  you  rec<'ived  no  (•Dtnignment  of  goo  Is  , -it  all  ;  is  that  what  you  want  to  state  1 — A. 
Yes,  sir ;  n<i  cdnsignment  of  goods  for  sale,  in  Samana.  I  received  some  goods  for  the 
steamsiiip  company,  which  I  placed  in  warehouse  for  tho  conipauy,  and  some  cargoes  for 
tlic  government. 


DAVIS    HATCH.  173 

Q.  Wits  any  of  the  lumber  that  arrived  there  for  the  company  soM  ? — A.  If  any  was  sokl 
the  duty  was  paid  on  it  at  Samana.  There  was  some  little  ceded  to  one  or  two  parties  ;  some 
for  a  church,  and  I  think  some  for  some  other  party.  As  lumber  was  very  scarce  they  asked 
permission  to  have  some  of  this  lumber  granted  to  them.  It  was  ufit  offered  for  sale  and 
was  not  for  sale.     It  was  o;ranted  as  a  favor,  and  they  paid  cost  and  freight. 

Q.  Was  there  not  a  cargo  of  lumber  arriving  from  Maine  about  the  same  time  7 — A.  I 
think  not.  There  was  a  small  schooner  arrived — the  Village  Belle.  She  may  have  been 
froui  Maine. 

Q.  About  the  same  time  ? — A.  I  do  not  know  about  that.     Perhaps  nearly  the  same  time. 

Q.  Had  you  any  instructions  from  General  Babcock  in  regard  to  what  you  should  do  at 
Samana? — A.  No,  sir. 

Q.   Can  you  tell  us  anything  about  the  paper  currency  of  San  Douiingo? 

The  WITNKSS.   Of  what  nature,  sir  '/ 

Mr.  S("HURZ.  We  understand  that  there  is  considerable  amount  of  paper  currency  in  the 
hands  of  the  people,  issued  by  the  government  of  San  Domingo,  which  is  quoted  at  a  very 
low  rate. 

The  WiTNES.S.  That  there  is  any  now  in  the  hands  of  the  people  ? 

Mr. .  It  is  stated  so. 

The  Witness.  I  think  there  is  none  in  the  hands  of  the  people  now.  By  the  govern- 
ment decree  of  the  J  1th  of  February — I  think  I  have  a  copy  of  it  here — all  that  paper 
currency  has  been  called  in.      It  was  all  in  on  the  ]  1th  of  May. 

By  Mr.  Howard  : 

Q.  Called  in  and  redeemed — retired  ? — A.  Retired  from  circulation  at  a  rate  entirely 
acceptable  to  the  people. 

By  'iih:  ScnURZ  : 

Q.  So  there  is  no  government  paper  currency  at  all  in  the  hands  of  the  people  now  ? — 
A.  I  understand  there  is  not. 

Q.  Were  you  sent  down  to  San  Domingo  by  our  State  Department  some  time  in  March, 
18t)9? — A.  In  February,  1869,  I  went  to  San  Domingo  in  accordance  with  the  desire  of  the 
Committee  on  Foreign  Atfairs  of  the  House  of  Representatives,  to  obtain  some  information. 

Q.  Will  you  state  under  what  instructions  you  went? — A.  They  are  somewhat  lengthy, 
and  I  have  not  a  copy  with  me.  ^ 

By  Mr.  Howard  : 

Q.  Had  you  instructions  in  writing  from  the  committee? — A.  I  bad  a  general  letter  from 
General  Banks,  stating  the  kind  of  information  the  committee  moi-e  particularly  desired. 
That  letter,  however,  I  think,  was  directed  to  the  Secretary  of  State,  and  upon  that  the 
Secretary  of  State  asked  me  to  go. 

Q.  You  say  that  letter  was  addressed  by  General  Banks  to  the  Secretary  of  State  ? — A. 
Yes,  sir. 

Q.  And  then  the  Secretary  of  State  requested  you  to  go  to  San  Domingo  ? — A.  Yes,  sir. 

By  Mr.  Schurz  : 

Q.  Did  that  letter  constitute  your  instructions  ? — A.  Yes,  sir.  The  letter  specified  the 
points  of  information  desirable  to  be  attained. 

By  Mr.  Howard  : 

Q.  And  that  was  adopted  by  the  Secretary  of  State  as  the  basis  of  the  information  which 
you  were  to  obtain  ? — A.  Yes,  sir. 

'  Mr.  SrnuRZ.  I  have  the  letter  before  me,  and  as  it  is  quite  short,  I  will  read  it : 

"House  of  Representatives, 
"  co.mmittee  on  foreign  affairs, 

"  Jfasliingtoji,  D.  C,  Felirimri/  IT),  1869. 

"  My  Dear  Sir  :  It  would  very  much  aid  the  consideration  of  the  San  Domingo  question 
now  before  the  Committee  on  Foreign  Affairs,  if  a  complete  official  statement  could  be  made 
of  the  present  financial  and  political  condition  of  the  republic.  The  subject  has  come  so 
suddenly  before  us  that  we  have  not  had  time  to  reconcile  the  conflicting  statements  which 
are  represented  as  coming  from  the  agents  of  the  republic. 

"  Mr.  Fabens  informs  me  that  it  will  be  liis  aim  to  obtain  a  full  and  exact  report,  and  I  think 
it  would  be  in  all  respects  advantageous  to  have  it.  As  Mr.  Fabens  is  our  accredited  agent, 
I  would  suggest  sending  him  to  San  Domingo  for  that  purpose. 

"  It  ought  to  be  definitely  ascertained,  also,  if  any  transfers  of  territory,  or  perpetual  or 
other  franchises  to  private  individuals  or  corporations  have  been  granted  or  are  contemplated 
by  the  government  of  San  Domingo,  as  such  transfers,  if  made  to  any  extent,  would  en- 
danger the  project  for  annexation,  even  after  it  had  been  approved  by  Congress. 


174  DAVIS    HATCH. 

"  In  the  mean  time,  the  examiuatiou  of  the  question  here,  ^Yith  such  information  as  we 
have,  will  be  continued. 

"  Your  obedient  servant, 

"  N.  P.  BANKS, 

"  Chairman,  $^c. 
"  Hon.  William  H.  Seward, 

'^Secretary of  State." 

Q.  Is  that  the  instructions  you  referred  to  ? — A.  I  suppose  that  may  be  considered  as  em- 
bodying all  tlie  -written  instructions. 

Q.  He  says  you  were  then  the  accredited  agent  of  the  United  States.  How  is  that  ? — A. 
That  is  a  misprint.     He  did  not  state  that  iu  the  letter  to  the  Secretary  of  State. 

Q.  Were  you  instructed  to  investigate  the  financial  condition  of  the  Dominican  Republic? — 
A.  Yes. 

Q.  You  did  go  ? — A.  I  did. 

Q.  How  long  did  you  remain  in  San  Domingo  then? — A.  I  remained  there  about  a  week. 

Q.  Did  you  bring  back  with  you  a  statement  of  the  debt  of  the  Dominican  Republic  ? — A. 
Yes,  sir. 

Q.  What  was  the  footing  up  of  the  debt,  do  you  remember? — A.  The  paper  is  on  file  iu 
the  State  Department  certified  by  the  minister  of  foreign  atfairs. 

Q.  Was  it  not  .$600,000  or  a  little  over?— A.  I  think  it  was.  It  was  the  amount  of  the 
debt  as  they  estimated  it  at  that  time. 

By  the  Chairman  : 

Q.  Did  you  at  any  time  or  in  any  way  exert  yourself  for  the  continued  confinement  of  Mr. 
Hatch? — A.  No,  sir,  never  ;  I  should  have  been  glad  to  see  Mr.  Hatch  released  at  any  time. 

By  Mr.  Vickers  : 

Q.  Did  you  make  any  effort  to  obtain  his  release?— A.  I  do  not  know  that  I  interfered  at 
all  in  the  matter. 

Q.  Were  you  at  San  Domingo  when  the  treaty  was  negotiated  1 — A.  Yes,  sir. 

Q.  Did  you  take  any  part  iu  the  negotiations  ? — A.  I  was  present  at  the  interviews,  and 
occasionally  I  assisted  in  translating  at  the  request  of  General  Sackett. 

By  the  Chairman  : 
Q.  You  had  no  official  connection  ?— A.  No  official  capacity.     I  was  merely  present  as  a 
friend  of  President  Baez. 

By  Mr.  ScHURZ : 

Q.  Have  you  any  knowledge  of  the  reasons  why  Mr.  Hatch  was  not  released  after  he  had 
been  pardi;ned  or  after  his  sentence  had  been  eonunuted  to  banishment? — A.  I  have  no  per- 
sonal knowledge. 

Q.  Did  you  ever  have  any  conversation  with  Dominican  officials  on  that  point?— A.  No, 
sir. 

Q.  Did  you  never  have  any  conversation  with  Mr.  Cazneau  on  that  point  ? — A.  I  do  not 
recollect  having  any,  or  conversing  on  that  subject  with  him. 

By  Mr.  VlCKEKS  : 

Q.  You  heard  iu  the  Uuited  States  that  Mr.  Hatch  had  been  convicted  aud  pardoned  ?— A. 
Yes,  sir. 

Q.  Ou  your  return  to  San  Domingo  you  found  that  he  was  still  in  prison  ? — A.  Yes,  in 
prison  at  Azua. 

Q.  Did  you  make  any  inquiry  wliy  he  was  detained  ?— A.  I  do  not  know  that  I  did.  I 
had  a  general  impression  that  he  was  detained  as  a  man  dangerous  to  tlie  peace  of  the  re- 
public. 

Q.  But  he  was  to  bo  exiled.  Could  he  bo  dangerous  if  he  was  exiled?  Was  that  the 
undtMstanding  1 — A.  Tiie  Dominican  aufliorilies  niigiit  have  taken  that  view  of  it,  possibly. 

Q.  Do  you  know  that  tliey  took  any  such  view  ?  — A.  I  do  not  know. 

By  Mr.  ScilUR/. : 

Q.  Was  it  never  intimated  to  you  that  Mr.  Hatch  was  detained  because  it  was  thought  ho 
would  u.se  his  efforts  to  defeat  the  annexation  i)roject  7— A.  No,  sir,  I  never  heard  that  inti- 
mated. 

By  Mr.  Vickers  : 

Q.   You  are  an  American  ? — A.   Yes,  sir. 

Q  You  knew  lliat  Mr.  Ilatcli  was  ilctaincd  after  he  had  been  pardoned  and  made  no  efTort 
at  all — made  no  suggestion  at  all — lo  tlie  ['resident  of  the  rei)ublic  .' — A.  1  did  not  consider 
that  it  was  my  duty  or  privilege  to  interfere. 

Q.  You  took  no  interest  iu  llie  matter  ? — A.  I  presumed  he  would  be  released  iu  due  time, 


DAVIS    HATCH.  175 

and  I  did  not  consider  that  he  was  suffering  any  at  Azua  from  wliat  I  learned  of  his  treat- 
ment there.     I  did  not  suppose  he  was  in  any  danger. 

Q.  You  supposed  that  he  had  been  released  b(!foro  you  arrived  tliere? — A.  I  understood 
from  a  letter  from  there  that  he  had  been  pardoned,  and  I  inferred  that. he  would  be  released. 

Q.  Did  yon  speak  to  Mr.  Cazneau,  to  remind  him  of  the  letter,  and  ask  why  Hatch  had 
not  been  released  ? — A.  I  do  not  know  that  I  did.  I  was  there  a  very  few  days  when  I 
returned. 

Q.  You  were  there  when  the  treaty  was  negotiated? — A.  Yes,  about  fourteen  or  fifteen 
days,  and  I  did  not  hear  much  about  Mr.  Hatch  at  all. 

By  Mr.  Schurz  : 

Q.  Did  you  not  occasionally  exert  your  influence  to  obtain  the  release  of  other  culprits  ? — 
A.  Yes.  sir,  I  did  ;  other  political  prisoners. 

Q.  Did  yon  not  exert  your  influence  to  obtain  the  release  of  two  miu"derers  at  Sama- 
na'.' — A.  I  did  in  the  case  of  an  American  who  had  killed  a  sailor.  That  was  at  the  sug- 
gestion of  the  chief  justice  of  San  Domingo.  All  that  I  did  was  to  sign  a  paper,  with 
other  Americans  there.  It  was  the  case  of  a  sailor,  who,  in  a  drunken  brawl,  had  killed  an- 
other. I  wrote  from  Samana  to  have  two  political  prisoners  released ;  that  is,  I  suggested  it, 
if  it  could  be  done  without  endangering  the  peace  of  the  state. 

By  Mr.  Vickers  : 

Q.  What  were  these  two  men  charged  with  ? — A.  Charged  with  having  been  with  a  man 
by  the  name  of  Luperon,  who  was  in  the  stea.mer  Telegrafo. 
Q.  He  was  in  the  interest  of  Cabral  ? — A.  Yes,  sir. 

By  Mr.  Schurz  : 

Q.  Did  you  succeed  in  obtaining  the  release  of  those  persons  ? — A.  One  of  them  was  released 
and  the  other  was  not.  It  was  said  that  the  other  was  charged  with  some  serious  offense 
other  than  political. 

By  Mr.  Vickers  : 

Q.  Did  you  return  again  to  San  Domingo? — A.  Yes,  sir. 
Q.  When  did  you  return  again?— A.  I  think  on  the  12th  April,  1870. 
Q.  When  were  you  appointed  minister  to  this  country  from  San  Domingo  ? — A.  My  first 
notice  of  it  was  dated  15th  of  March. 

By  Mr.  Howard  : 

Q.  Did  General  Babcock  ever  write  to  you  urging  you  to  come  to  the  United  States  as 
minister  plenipotentiary  from  the  Dominican  Republic  ? — A.  No,  sir. 

By  Mr.  ViCKERS : 

Q.  Had  you  ever  any  talk  with  Mr.  Smith  about  Mr.  Hatch  ? — A.  I  do  not  recollect  any 
conversation  with  Mr.  Smith  about  Mr.  Hatch. 

Q.  You  knew  him  very  well,  I  suppose  ? — A.  I  knew  Mr.  Hatch  very  well. 

Q.  Did  you  know  Mr.  Smith  very  well  ? — A.  I  knew  Mr.  Smith  as  commercial  agent 
there.     I  met  him  occasionally. 

Q.  You  did  not  speak  to  him  about  the  release  of  Mr.  Hatch  ? — A.  I  saw  very  little  of  Mr. 
Smith  there.  I  do  not  think  we  ever  conversed  on  the  subject  of  Mr.  Hatch.  I  supposed, 
if  I  thought  anything  about  it,  that  the  case  of  Mr.  Hatch  was  in  the  proper  hands — the 
hands  of  the  United  States  there. 

EUFL'S  Ingalls  recalled. 
By  Mr.  Williams  : 

Question.  I  find  in  Mr.  Perry's  letter  of  the  7th  of  June,  to  the  Secretary  of  State,  the 
following  language  :  "  I  was  also  advised  by  Generals  Babcock  and  Ingalls,  Cazneau,  Baez, 
and  others,  to  write  nothing  personal,  and  always  speak  encouraging  in  my  communications. 
I  have  also  had  directions  from  several  others  what  my  correspondence  should  be  to  the  De- 
partment of  State  at  Washington,  and  have  been  requested  to  keep  back  facts  in  relation  to 
the  election."  State  to  the  committee  what  advice,  if  any,  you  ever  gave  to  Mr.  Perry  on 
that  subject? — Answer.  I  never  gave  him  any  advice  to  keep  back  facts.  On  the  contrary, 
it  was  my  intention  that  he  should  tell  the  plain  truth.  Of  course,  I  wished  him  to  pursue 
such  a  policy  as  would  favor  annexation.  I  wrote  liim  but  one  note  that  I  recollect  of,  and 
that  he  has  not  only  shown  to  the  President,  but  probably  has  in  his  possession  now,  in 
which  I  made  use  of  some  expression  about  keeping  private  and  public  affairs  separate,  sim- 
ply because  I  heard  that  he  had  mixed  them  m  his  correspondence.  There  was  no  other 
object  than  that  in  my  addressmg  him  a  note. 

Q.  Have  you  the  answer  that  Mr.  Perry  wrote  to  you  in  reply  to  that  letter  .'—A.  I  have 
it  in  New  York  City,  but  not  here. 


176  DAVIS    HATCH. 

By  Mr.  Yickeus  : 
Q.  Do  you  remember  the  contents  of  it  ? — A.  It  was  not  much  more  than  an  acknowledg- 
ment of  my  letter,  an4  the  statement  that  he  should  pursue  the  proper  course. 

By  Mr.  Williams  : 
Q.  Here  is  another  statement  in  Mr.  Perry's  letter:  "  Cazneau  also  told  me  that  Babcock 
and  Insfalls  hud  iutere.sts  in  real  estate  with  him,  and  that  he,  Fabens,  and  his  friend  in  New 
York  had  originated  the  idea  of  annexation."  State  whether  you  had  any  interests,  and  if 
so  what  they  were  in  San  Domingo  to  be  affected  by  annexation? — A.  It  is  a  positive  fact, 
that  I  have  never  had  any  private  interest  in  San  Domingo,  and  have  not  now,  and  do  not 
contemplate  any.  I  do  not  believe  that  either  of  the  gentlemen  who  went  down  had  ever 
thought  of  such  a  thing. 

By  Mr.  SciiURZ  : 
Q.  Have  you  an  interest  in  a  bank  that  is  connected  with  San  Domingo? — A.  I  have  not. 
I  have  no  earthly  pecuniary  interests  connected  with  San  Domingo;  I  say  that  in  the  most 
emphatic  manner. 

By  Mr.  Vickers  : 

Q.  For  any  one  else,  as  well  as  for  yourself? — A.  None,  either  directly  or  indirectly. 

D.  B.  Sackett  recalled. 
By  Mr.  Warner  : 

Question.  I  understand  you  wish  to  make  a  correction  in  your  testimony.  Will  you  state 
what  it  is  ? — Answer.  On  page  33  I  am  represented  as  saying  that  President  Baez  signed 
the  treaty.  I  did  not  mean  to  say  that.  Mr.  Baez  did  not  sign  the  treaty,  but  he  agreed  to 
accept  the  article  we  were  discussing.     That  is  what  I  meant  to  say. 

Hon.  WiLLiAiM  T.  Clark  sworn  and  examined. 
By  Mr.  Howard  : 

Question.  Arc  you  a  member  of  the  House  of  Representatives  ? — Answer.  Yes,  sir  ;  from 
Texas. 

Q.   Are  you  acquainted  with  Raymond  H.  Perry? — A.  I  am. 

Q.  Where  did  you  know  him  ? — A.  I  knew  him  first  in  Galveston,  Texa.s. 

Q.  In  what  capacity  ? — A.  He  was  there  wlicn  I  first  met  liim,  I  think,  upon  the  staff  of 
General  Sheiidan,  then  in  conunand  of  tiic  military  district  «f  Texas. 

Q.  Where  did  you  know  him  again? — A.  I  knew  him  afterward  in  Galveston,  Texas, 
where  he  was  acting  as  chief  of  police  of  that  city. 

Q.  Where  next  ? — A.  I  next  saw  liim  some  time  in  September  last,  when  he  came  here 
witli  letters  from  General  Sheridan,  requesting  some  appointment  under  the  government. 
The  letter  of  General  Sheridan  indorsed  him  in  the  most  emphatic  manner  as  a  very  useful 
and  energetic  officer  in  any  position  to  which  lie  might  be  iippoiuted. 

Q.  What  can  you  say  in  regard  to  his  general  character  for  lionrsty  and  honor,  truth  and 
veracity  ? — A.  ^lajor  I'erry's  reptitatioii  in  the  army  was  of  this  character :  he  is  one  of  tlie 
boldest  and  bravest  scouts  ever  employed  in  our  service.  All  reports  which  ho  brought  in 
of  any  engagement  in  which  ho  might  have  been  concerned,  or  any  information  which  he 
was  rt'quirc<l  to  procure  from  the  enemy,  or  on  any  account  on  wiiich  ho  was  sent,  was  always 
considered  by  his  commanding  officers  as  entirely  reliable.  It  was  this  peculiarity,  as  I 
may  say,  that  (-ndiarcd  him  to  his  comminiding  oilicers,  and  finally  secured  liim  the  place 
of  chief  (if  pcilice  of  Galveston.  When  he  was  appointed  eliief  of  police,  (General  (iriffin 
telegraiilicd  \i)  General  Sheridan  asking  for  an  officer  to  occiqiy  that  position.  Ho  immedi- 
ately recommended  Major  Perry.  General  (jiriifin  made  this  remark  in  my  presence:  '•  We 
will  have  Homei)ody  here  now  wlio  will  jvill  five  or  six  of  these  fellows,  and  then  they  will 
beliave  theiriselv<;8."  In  other  words,  I  cannot  describe  the  major's  character  better  than  to 
Bay  he  is  nia<le  up  of  the  most  combustible  materials  in  a  fight;  but  I  canmit  commend  liis 
discretion  or  liis  jmlgnient  on  oceiisions  where  siicli  (Hialities  are  required. 

Q.  lliis  he  been  in  the  liuhil  of  acting  as  a  spy  or  detective  !  —  A.  1  think  that  is  where 
his  forte  lieH  more  than  anytiiiiig  (dse,  and  that  may  have  causol  to  grow  up  in  him  a  sort 
of  Husjiicious  t(!mp(;rament  which  will  lead  liim  to  go  further  than  the  facts  would  justify  in 
the  case  of  an  invt;sligation  which  lie,  was  culled  upon  to  make.  I  speak  of  this  because 
the  major  is  prescTit  and  will  bear  me  out  in  everything  I  say  in  this  regard ;  and  that  very 
qmillly  occasioned  liis  dismissal  or  resignation  from  tliepolico  force  in  Galveston. 

(.}.  Was  he  dismissed  ? — A.  He  resigned  ;  he  was  asked  to  resign,  or  it  was  suggested 
that  lie  had  better  resign,  in  coiiseipieiice  of  some  diflieiilly  he  had  in  perlorming  his  duties. 
That  lie  was  hasty  then,  ]  do  not  doiibt ;  1  think  he  will  not  dispute  that  fact.  He  is  a  man 
who  will  not  stop  to  think  long  on  what  it  is  best  to  do. 

Q.  What  is  he  ordinarily  as  to  color  in  liis  statements  of  fact — inclined  to  suspicion  and 
exaggeration? — A.   I  am  inclined  to  think  tliat  the  mujor  would  overstate  in  a  case  that  in- 


DAVIS    HATCIL  177 

tercsted  liim  personally.  ITo  niiolit  be  inclined  to  overstate  some  little  niatti-r  in  wliich  he 
may  have  been  eng-aged.  That  is  the  only  thing  about  him  that  I  can  speak  of.  I  never 
have  heard  his  character  for  truth  and  veracity  disputed.  At  the  same  time  his  habits  of 
life  from  youth  up,  his  peculiarities,  would  lead  the  major,  in  my  estimation,  in  making  up 
his  judgment  or  making  up  his  report  of  a  transaction,  to  carry  his  personal  feelings  further 
tlian  the  facts  would  really  justify. 

Q.  Had  he  any  difficulty  in  Texas  when  there  ? — A.  Yes  ;  he  knocked  over  the  son  of  one 
of  the  most  prominent  men  there,  now  a  member  of  the  common  council,  and  a  member  of 
the  legislature,  Major  Plumly,  in  a  difficulty,  and  the  result  was  that  Major  I'lumly  found 
himself  in  jail  through  Major  Perry's  orders  immediately,  and  the  young  man,  I  believe, 
also.     The  consequence  was  that  Major  Perry  retired  from  the  force  and  went  away. 

By  Mr.  Vickers: 

Q.  Is  he  of  a  sanguine  temperament  ? — A.  I  think  the  major  believes  everything  he  says  in 
regard  to  these  matters.  All  men  of  that  character,  who  pursue  those  habits  of  life,  get  that 
temperament,  and  it  grows  with  them. 

Q.  He  is  correct  in  his  main  facts,  though? — A.  I  should  judge  so,  but  lie  might  be 
biased. 

By  Mr.  Howard  : 

Q.  What  can  you  say  of  liis  passions  ? — A.  I  remarked  to  you  that  he  is  made  up  of  very 
decidedly  combustible  material. 

By  Mr.  SCHURZ : 

Q.  Do  you  know  what  position  was  offered  to  Major  Perry,  by  General  Reynolds,  when 
he  resigned  the  position  of  chief  of  police  at  Galveston  ? — A.  There  was  souse  position  offered 
him  ;  1  do  not  know  what.  That  was  a  time  when  we  were  passing  through  a  terrible 
ordeal  in  Galveston,  and  so  marked  was  the  efficiency  of  the  major  in  the  determination  on 
his  part  to  suppress  acts  of  violence  which  had  been  occurring  there,  that  General  Reynolds, 
in  sympathy  for  him,  not  sympathizing  really  with  Major  Plumly,  because  Plumly  and 
General  Reynolds  had  never  been  good  friends,  tendered  him  another  position. 

Q.  Do  you  know  what  position  ? — A.  I  do  not.     I  have  forgotten. 

Mr.  R.  H.  Pekry.  May  I  be  allowed  to  state  ? 

The  Chairman.  If  no  objection  is  made  you  may  proceed. 

Mr.  Perry.  General  Reynolds  asked  me  to  resign  my  position  there,  as  I  was  in  the  way 
of  the  republican  party  for  the  next  vote,  because  I  would  not  put  half  negroes  on  the  po- 
lice force.  General  Reynolds  told  me  that  if  I  resigned  my  position  he  would  let  me  organ- 
ize a  military  detective  force  for  the  protection  of  the  frontier  of  Texas  and  Mexico,  with 
my  headquarters  at  San  Antonio. 

Mr.  Clark.  That  is  where  the  major  ought  to  have  gone.  He  ought  never  to  have  gone 
to  San  Domingo,  for  he  would  be  just  the  man  on  that  frontier  to  put  down  the  Ku-Klux  Klan. 

By  Mr.  ScHURZ  : 

Q.  Mr.  Clark,  have  you  had  much  personal  connection  with  Mr.  Perry,  much  personal  in- 
tercourse with  him? — A.  I  know  the  major  very  well.  I  know  his  history  ;  know  his  fami- 
ly ;   know  where  he  was  born  and  brought  up. 

Q.  Do  you  think  there  is  anything  malicious  in  his  character  that  would  induce  him  to 
persecute  a  person  without  reason  ? — A.  I  should  bo  sorry  to  believe  that  the  major  would 
ever  persecute  anybody,     I  do  believe,  however,  that  his  temperament  would  bias  him. 

Q.  Do  you  think  him  capable  of  downright  lying  ibr  the  purpose  of  getting  anybody  into 
trouble  ? — A.  I  do  not  believe  that.  From  my  knowledge  of  him,  I  do  not  believe  he  would 
do  that. 

By  Mr.  Vickers  : 

Q.  Is  he  sternly  and  rigidly  efficient  in  the  discharge  of  his  duty? — A,  No  doubt  of  that. 
Perhaps  too  much  so  on  occasions. 

By  Mr.  ScuURZ : 

Q.  Do  you  think  he  is  an  incoiTuptiblc  man,  or  that  he  can  be  bought? — A.  I  do  not 
like  to  answer  that  question,  I  do  not  know  whether  I  am  prepared  to  answer  or  not, 
I  never  have  known  anything  of  him  that  would  lead  me  to  believe  he  could  be  bought 
for  any  sum  of  money. 

Q.  Have  you  ever  heard  anything  of  him  which  would  induce  you  to  believe  that  he 
could  be  bought  with  money  ? — A.  Never  a  word. 

By  Mr.  Warner  : 

Q.  "Did  you  know  him  in  the  army  ? — A.  Only  by  reputation. 

Q.  Do  you  know  what  service  he  was  employed  in  in  the  army  ? — A.  Generally  in 
scouting. 

Q.  Was  he  ever  employed  as  a  spy  to  obtain  information  from  the  enemy's  line? — A. 
That  is  ray  information. 

S.  Kep.  234 12 


178  DAVIS   HATCH. 

By  Mr.  ScHURZ : 

Q.  As  a  scout  ? — A.  As  a  scout. 

Q.  What  was  the  reputation  of  Pumly's  son,  whom  Perry  knockp(3  down  ? — A.  He 
was  drunk  and  fighting  and  causing  trouble,  and  Perry  knocked  him  down.  Ho  was  drunk 
all  the  time,  pretty  much. 

J.  W.  FA15ENS  recalled. 

By  Mr.  Schurz  : 

Q.  Were  you  engaged  in  any  regular  business  in  San  Domingo  ? — A.  I  have  been. 

Q.  Was  it  mercantile  business  ? — A.  Yes,  sir. 

Q.  Are  you  now  ? — A,.  No,  sir.     That  was  some  years  ago. 

Q.  Are  you  engaged  in  any  regular  business  elsewhere  .' — A.  I  am  not  at  present,  except 
as  the  representative  of  the  Dominican  government. 

Q.  So  your  pecuniary  interests  are  invested  in  these  grants,  surveys,  and  so  on  ? — A. 
That  is  all  the  interest  I  have  in  San  Domingo  now. 

By  Mr.  Warner  : 

Q.  How  long  has  Mr.  Cazneau  lived  in  San  Domingo? — A.  Mr.  Cazneau  went  to  San  Do- 
miugo,  I  think,  in  ]?;54,  under  the  admiuilstratiou  of  Mr.  Pierce. 

Q.  Has  he  resided  there  continuously  since  ? — A.  He  has,  with  one  brief  interval,  I  think, 
of  about,  perhaps,  a  year  and  a  half. 

Q.  Was  he  there  during  the  whole  of  the  war  in  this  country  ? — A.  He  was.  He  went  out, 
I  think,  under  Mr.  Buchanan,  as  special  agent  of  the  government  in  1858. 

Q.  Where  was  he  originally  from? — A.  He  is  a  Massachusetts  man.  He  was  born  on 
Fort  Hill,  Boston.    His  father  was  born  in  Salem,  Massachusetts. 

By  Mr.  SciiURZ: 

Q.  Did  he  reside  part  of  his  life  in  Texas  1 — A.  He  did  reside  in  Texas  awhile,  at  Eagle 
Pass. 

By  Mr.  Warner  : 
Q.  About  how  many  years  ago  was  that  ? — A.  I  think  he  was  at  Eagle  Pass  when  he 
was  first  sent  to  San  Domingo  by  the  government  in  1854. 

Q.  Has  he  ever  resided  in  Texas  since? — A.  No  ;  he  has  not  been  to  Texas  since  1854. 

By  Mr.  Ferrv  : 

Q.  His  entire  life  was  spent  in  Texas,  until  he  went  to  San  Domingo  ? — A.  I  think  he  went 
to  Texas  a  young  man. 

By  Mr.  Sc:in;KZ: 
Q.  Do  you  know  when  he  left  Texas? — A.  My  impression  is  that  he  left  Texas  in  1851, 
when  he  was  appointed  by  Mr.  Pierce  to  visit  Sau  Domingo. 

By  the  Chairman  : 
Q.  Did  he  hold  the  same  place  there  that  Mr.  Perry  holds  now? — A.  No,  sir;  he  was 
a  special  agent  of  the  State  Department,  a  diplomatic  agent. 

By  Mr.  Howard: 

Q.  Is  he  an  educated  man? — A.  He  is. 

Q.  Wliere  was  lie  educated  ;  do  you  know? — A.  He  was  educated  in  Boston.  I  do  not 
know  that  he  has  a  college  education. 

Q.  At  tlie  "  Hub  .' " — A.  Yes,  sir;  my  impression  is  that  ho  received  a  commission  in  the 
navy  as  a  niid.shiiinian  at  one  lime.  I  have  understood  so.  If  3'ou  (h'sire  any  information 
in  regard  to  his  personal  dilliciilty  with  Mr.  Hatch,  1  tiiink  lean  tell  you  how  that  arose,  if  it  is 
important. 

Q.  If  you  know  of  any  difliculty  between  them  3-011  can  relate  it. — A.  I  will  commence 
by  saying  tliat  it  perliaj»s  has  not  bct'ii  brought  (iiit  in  the  tcvstiiiiouy  here  that  Mr.  (Jazueau 
did  iiitciriie  in  the  ca.se  of  Hutch,  but  to  save  liis  life.  It  was  through  his  interference, 
us  I  am  credibly  informed,  that  the  life  of  Mr.  Hatch  was  saved. 

By  Mr,  SciiURZ : 

Q.  Ah  you  are  "credibly  informed,"  where  did  you  get  your  information /  —  A.  In  San 
Domingo.  1  learned  tiiat  from  dill'erent  parties  there,  from  members  of  I  he  government, 
and  from  (General  Cazneau  hiinsi'lt,  tiiat  lie  inti'ifiMcd  very  warmly  to  have  Mr.  Hatch's  life 
saved,  and  1  am  very  certain  tliat  it  was  tlirougli  my  interc(\ssion  that  hia  property  wan  saved, 
altliougli  I  would  rather  sonu^  oiki  else  Hliouid  have  stated  that. 

C^.  Do  you  think  Mr.  (Jaziieaii  liad  anything  to  do  with  Mi.  llatcii's  being  kept  in  prison 
after  he  had  been  pardoned  / — A.  1  do  not  think  lie  had. 

Q.  Are  you  sure  he  had  not? — A.  I  do  not  know  of  any  interference  of  General  Cazneau 


DAVIS    HATCH,  179 

after  tlio  pardon  wi\9.  eiTcctcil.  He  may  have  been  litiowin^  to  some  facts  tliat  miixlit  liave 
induced  the  povenmieiit  to  consider  Hatch  daiifrerous  and  to  i)ave  retained  him,  whicli  I  do 
not  know  of,  but  I  do  not  tliiuk  General  Cazneau  is  a  man  to  harbor  any  revengeful  feelings. 

I^y  the  Chairman  : 

Q.  Wliat  did  tlieir  difiHculty  arise  from  ? — A.  It  was  purely  a  personal  matter.  At  the 
time  of  the  visit  of  Mr.  .Seward  to  San  Domingo,  in  .January,  IrtiJT,  I  think.  Mr.  .Seward 
came  to  ni}'  house  in  company  with  (General  Cazneau,  and  during  his  short  stay  in  San  Do- 
niiugo  was  my  guest.  He  staid  here  but  a  short  time,  not  an  entire  day,  and  General  Caz- 
ueau  did  not  have  time  to  invite  any  persons  to  meet  Mr.  Seward.  He  came  quite  unex- 
pectedly. Neither  did  I  have  time  to  send  to  any  persons  there  an  invitation  to  meet  Mr. 
Seward;  it  was  not  considered  necessary.  The  foreign  consuls  all  called  and  most  of  the 
principal  men  of  San  Domingo  called  upon  Mr.  Seward.  Mr.  Hatcii  did  not  call,  and  Mr. 
Hatch  was  disposed  to  resent  it  as  a  personal  indignity  that  he  had  not  been  specially  invited 
to  meet  Mr.  Seward  on  that  occasion.  General  Cazneau  attempted  to  explain  it  afterward 
by  saying  that  he  had  not  time,  but  he  appeared  to  still  feel  hurt,  and  there  the  matter 
dropped.     Since  then  he  has  lost  no  opportunity,  as  I  have  learned,  of  denouncing  Cazneau. 

By  Mr.  Ff.riiy  : 

Q.  Do  you  know  wliether  General  Cazneau  spoke  to  Mr  Seward  to  have  him  (Cazneau) 
appointed  minister  resident  in  San  Domingu  at  that  time  ? — A.  No,  sir;  I  do  not  think  lie 
did. 

Q.  Did  you  hear  at  that  time  that  he  was  nominated  for  minister  resident  in  San  Do- 
mingo?— A.  I  did,  after  the  return  of  Mr.  Seward. 

Q.  Did  you  know,  or  did  you  hear  at  that  time,  that  Mr.  Hatch  wrote  a  letter  to  Wash- 
ington protesting  against  the  appointment  of  Mr.  Cazneau  .' — A.  I  think  I  did  hear  some- 
thing to  that  effect. 

Q.  And  did  you  know  that  the  nomination  which  was  made  by  the  President  was  not 
contirnied  by  the  Senate,  or  did  you  hear  that  fact  ? — A.  I  did.  I  heard  that  the  office  was 
not  created  ;  that  there  was  no  appointment  made. 

By  Mr.  Williams  : 

Q.  How  long  have  you  been  acquainted  with  Mr.  Cazneau  ? — A.  I  have  known  Cazneau 
since  li:^54, 1  think. 

Q.  It  has  been  stated  here  that  he  was  a  violent  sympathizer,  during  the  war,  with  the 
rebellion.  Have  you  any  information  on  that  subject? — A.  1  have  always  considered  Caz- 
neau as  a  very  strong  Union  man?  He  had  personal  friendship  with  some  of  the  leaders  in 
the  rebellion,  but  I  do  not  think  he  ever  wrote  a  letter,  or  was  in  communication  with  one 
of  them,  from  the  time  of  the  outbreak  of  the  rebellion. 

By  Mr.  Ferry: 

Q.  Do  you  not  know  that  during  the  war  he  was  known  in  San  Domingo  as  being  in 
favor  of  the  rebellion  as  against  the  government  of  the  United  States  ;  that  lie  talked  so 
openly  in  tiie  streets  of  San  Domingo  with  the  American  residents  there  .'—A.  No;  I  do 
not  know  that,  I  have  heard  Cazneau  express  himself  very  favorably  to  the  Union.  I  know 
that  he  had  personal  sympathies,  1  may  say,  witli  some  men  engaged  in  the  rebellion,  and 
he  looked  upon  the  Soutli,  perhaps,  as  in  some  respects  aggrieved ;  but  I  do  not  think  that 
he  ever  justified,  b}'  a  single  word,  the  conduct  of  the  South  in  going  out  of  the  Union. 

Q.  Did  he  not  speak  freely  in  .San  Domingo  against  Mr.  Lincoln  .' — A.  1  never  heard 
him,  and  I  never  heard  of  liis  speaking  a  word  against  Mr.  Lincoln. 

By  Mr.  Schur/  : 
Q.  Were  you  not  associated  with  Mr.  Cazneau  in  business? — A.  Yes,  sir. 
Q.  Have  you  and  he,  now,  business  interests  in  connnou  ? — A.   We  have  some  interests  in 
certain  enterprizes  there  ;  in  the  survey,  for  instance,  which  is  now  going  on. 

Mr.  Ferry  produced  the  following  pai)er,  stating  that  he  would  presently  prove  the 
signatures : 

"NORWALK,  June  10,  1870, 
"Observing  in  the  published  reports  of  the  Senate  proceedings  of  Wednesday  that  the 
personal  character  of  our  fellow-citizen,  Captain  Davis  Hatch,  was,  as  we  believe,  most 
grossly  and  unjustly  assailed,  we,  the  undersigned,  having  known  him  for  many  years, 
take  this  method  of  attesting  to  the  high  character  he  always  bore,  while  among  us,  as  a 
Christian  gentleman, 

"  Thomas  B.  Butler.  "  A.  J.  Crofut.  "  O.  Elles. 

"  Samuel  Lynes,  M,  D,  "  Goold  Benedict.  "  Franklin  B.  Purdy, 

"  Edward  P,  Keed.  "  M.  B.  Pardee,  M.  D.    "  D.  F.  Benedict. 

"  F.  St.  John  Lockwood.       "  A.  H.  Byington.  "  Dudley  P.  Ely, 

"  Eben'r  Hiil.  "  Henry  I.  Hoyt.  "  George  Benedict. 

"  Stephen  Smith,  "  L.  H.  Moore,  "  William  H.  Benedict, 

"E.B.Bennett.  "  Matthew  Wilcox,  "  David  R.  Austin."   , 

"  Charles  Olmstead.  ''  Postmaster. 


180  DAVIS    HATCH. 

"I  unite  in  this  testimonial,  and  state,  moreover,  that  Mr.  Davis  Hatch  has  been  for  sev- 
eral years  a  communicant  of  St.  Paul's  church,  Norwalk,  and  was  at  the  time  of  his  leaving' 
for  San  Domingo  a  vestryman  of  the  same,  and  a  Christian  gentleman  of  most  unexception- 
able character. 

"WM.  COOPER  MEAD,  D.  D., 
"  Rfctor  of  St.  Paul's  Churcli,  JVuricol/:,  Connecticut." 

A.  H.  Byington  sworn  and  examined. 

By  Mr.  Ferry  : 

Question.  Where  do  you  reside? — Answer.  At  Norwalk,  Connecticut. 

Q.  What  is  your  business  there  ? — A.  Publisher  of  the  Norwalk  Gazette. 

Q.  Is  that  the  only  newspaper  printed  in  the  place  .' — A.  It  is. 

Q.  Ave  you  extensively  acquainted  in  the  town  ? — A.  I  am. 

Q.  How  long  have  you  resided  there  ? — A.  Ever  since  I  can  remember. 

y.  Did  you  see  the  first  signature  put  to  the  paper  which  has  just  been  read  ? — A.  Yes, 
sir. 

Q.  Which  is  the  first  signature  ? — A.  That  of  Thomas  B.  Butler. 

Q.  Wiio  is  Thomas  B.  Butler  ? — A.  Judge  of  our  supreme  court. 

Q.  What  is  his  otiicial  position  at  this  tima  ? — A.  He  is  chief  justice  of  the  State  of  Con- 
necticut. 

Q.  His  residence  is  iu  Norwalk  ? — A.  Yes,  sir  ;  he  chanced  to  be  in  the  post  office  and 
signed  it  there. 

Q.  Tiiere  are  the  names  of  Frederick  Lockvvood,  Ebenezer  Hill,  and  D.  P.  Ely  to  that 
paper  ? — A.  Yes,  sir. 

Q.  Who  are  they  ? — A.  Mr.  Lockwood  is  president  of  the  Fairfield  County  National  Bank; 
Mr.  Hill  is  president  of  the  National  Bank  of  Norwalk  ;  Mr.  Ely  president  of  the  National 
Bank  of  South  Norwalk. 

Q.  Tiiere  are  the  names  of  Dr.  Lj'ues  and  Dr.  Pardee.  State  whether  they  are  two  of 
your  principal  physicians. — A.  They  are  the  principal  physicians  of  Norwalk. 

Q.  And  what  position  in  that  community  do  the  other  gentlemen  whose  names  are  on  that 
pajjer  occupy  ? — A.  They  are  the  principal  men  of  the  town. 

Q.  How  long  have  you  known  Mr.  Hatcli  ? — A.  I  should  think  probably  thirteen  years. 
I  am  not  positive  as  to  the  dates ;    but  I  knew  him  from  liis  first  moving  to  Norwalk. 

Q.  Did  he  own  a  homestead  there  ? — A.    Yes   sir. 

Q.  What  family  had  he  ? — A.  A  wife,  two  sons,  and  several  daughters — I  think  three  or 
four  daughters. 

Q.  Do  you  remember  when  he  went  to  San  Domingo  ? — A.  Yes,  sir. 

Q.  Did  he  bring  to  your  newspaper  office  the  specimens  of  the  salt  ? — A.  Yes,  sir ;  and 
he  wrote  considerable  for  me. 

By  Mr  William.s  : 

Q.  In  what  year  was  that  ? — A.  I  think  that  was  just  previous  to  the  breaking  out  of  the 
war  that  he  went  out  for  the  last  time.  He  had  been  out  previously  and  had  corresponded 
for  my  paper. 

Q.  In  IftStJU  ? — A.  Perhaps  iu  ISdU  or  J6G1.  I  think  it  was  at  the  opening  of  the  trouble, 
just  prior  to  the  reljoUiou. 

By  Mr.  Fkurv: 

Q.  Did  he  correspond  with  you  occasionally  while  he  was  there  ? — A.  Yos,  sir  ;  he  wrote 
for  the  paper,  and  to  me  personally. 

Q.  Where  were  you  in  the  winter  and  spring  of  1866? — I  had  charge  of  the  Tribune  bu- 
reau hero  iu  Washington. 

Q.  You  were  a  correspondent  of  tlie  New  York  Tribuni'  ?--.\.   Yes,  sir. 

ii.  })\d  you  receive  letters  from  Mr.  Hatch  at  tliat  time  .'—A.   Yes,  sir. 

(-1.  State  wlifther  you  rcceivi.-d  tVoni  Mr.  Hatch  a  h'tti-r  iu  vefcreiice  to  Mr.  Ca7;neau,  and 
wiiat  you  did  with  it? — A.  1  received  two  lellers  concerning  tliat  gentleman,  and  1  iiave  an 
indistinct  recollection  tinit  I  received  tiiree. 

By  Mr.  IIowakd  : 

Q.  Hi*ve  you  tiic  hitters  in  your  po.s.session  ;  can  yon  produce  them?— A.  1  cannot.  I 
will  tell  you  what  1  did  with  one  of  lliem. 

By  Mr.  Fkury  : 

Q.  I'lense  confin*;  yourself  to  the  one  I  liave  ]iarticular  reference  to. — A.  The  one  to  which 
you  are  probably  rc.lerring  is  a  litter  in  wliicli  hr  spukc  ot  Mr.  ('a/.iieau  as  i)eing  an  applicant 
for  the  jiosition,  I  think,  orniinistcr  resident,  and  went  into  d(Muils  ot  Mr.  Ca/.ncaii'.s  jicrsonal 
character,  giving  cpiite  an  aiiionnt  of  stateiociils  in  regard  to  him  ;  and  I  specially  reineinber 
that  he  pronounced  him  a  strongly  pro-slavory  man,  vviiose  sympathies  w(!re  against  the  ad- 
niinistration.  That  letter  I  gave  to  Secretary  VVeih^s.  1  tiiought  it  was  of  some  conse- 
quence.    Mr.  Cazneau,  iu  the  uicuu  lime   I  think,  had  been  nominated  ;  his  name  was  sent 


DAVIS    HATCH.  181 

in  as  nominee  for  the  position  Mr.  Hatch  referred  to.  I  fjave  the  letter  to  Mr.  Welles,  and 
Mr.  Welles  read  it  and  tlionfj-lit  it  was  of  conseqneuco  f^uoufjh  to  retain  it.  He  asked  me  if 
lie  nii^ht  copy  it,  and  said  he  would  ^ive  it  to  Mr.  Seward.  I  never  saw  the  letter  after- 
ward and  do  not  know  anything  about  what  became  qf  it. 

By  Mr.  SciiUU/  : 
Q.  You  say  "stronj;'ly  opposed  to  the  administration.*'  Did  you  mean  to  say  "  the  admin- 
istration" or  the  "government?" — A.  I  suppose  more  properly  "the  government."  He 
pronounced  him  as  in  sympathy  with  the  reVudliou.  I  reollect  that,  for  it  went  into  details 
in  regard  to  some  matters  that  Cazneaa  had  been  connected  with,  which  I  cannot  recall  with 
distinctness.  I  did  not  know  anything  about  the  party.  Mr.  Hatch  seemed  to  be  writing  in 
the  interest  of  our  government  and  of  the  Union  cause. 

By  Mr.  Fekry  : 

Q.  Do  you  know  whether  Mr.  Hatch  at  that  time — in  the  spring  and  summer  of  18G6,  was 
a  correspondent  of  the  New  York  Times  ? — A.  I  think  he  was. 

By  Mr.  Howard  : 

Q.  Any  other  papers  ? — A.  He  sent  letters  to  me  ;  and  I  think  two  letters  which  he  sent 
to  mo  I  sent  to  the  Tribune;  for  1  thought  they  were  more  valuable  to  the  Tribune  than  to  our 
own  paper. 

Q.  How  were  they  signed  ? — A.  I  think  there  was  no  signature.  He  sent  me  his  own 
name. 

By  Mr.  Ferry  : 

Q.  Do  you  recollect  in  one  of  his  communications  to  the  New  York  Times  that  he  gave 
an  account  of  the  revolution,  in  which  Mr.  Baez  was  deposed? — A.  In  a  letter  that  I  had 
no  doubt  was  his — of  course  I  could  not  testify  that  it  was,  but  the  style  and  everything 
indicated  it  to  be  from  him — he  gave  a  detailed  account  of  the  atfair,  and  made  a  severe 
animadversion  upon  Biiez. 

Q.  What  is  and  has  been,  while  Mr.  Hatch  has  been  residing  in  Norwalk,  his  repu- 
tation there  for  integrity  and  truthfulness  ? — A.  He  was  a  geutleuian  who  was  considered 
beyond  the  shadow  of  reproach  in  any  respect ;  a  high-minded,  honorable  gentleman;  a 
man  of  fortune  when  he  came  there.  I  should  compare  him.  perhaps,  to  Governor  Jewell, 
as  a  sample  of  the  character  of  the  man  and  the  position  he  occupied  there — a  man  respected 
as  much  as  Governor  Buckingham  is  in  Norwich. 

Q.  State  what  kind  of  a  homestead  he  purchased  there. — A.  He  had  a  very  beautiful  little 
place  at  South  Norwalk,  near  the  New  Haven  railroad  depot. 

Q  When  he  went  away  who  had  charge  of  his  business  affairs  as  agent  ? — A.  The  Rev. 
Mr.  Austin. 

Q.  During  the  period  of  Mr.  Hatch's  confinement  did  you  hear  anything  of  the  condition 
of  his  family  ? — A.  There  were  rumors  afloat,  from  merchants  and  others,  that  Mr.  Hatch 
was  not  making  remittances  as  he  had  done  formerly,  and  the  family  were  pressed  for 
means  to  live. 

Q.  What  were  they  compelled  to  do  ? — A.  I  presume  they  were  compelled  to  sell  their  place. 
The  place  was  sold,  I  know. 

Q.  Mr.  Austin  acting  as  attorney  ? — A.  Yes,  sir.  Dr.  Pardee,  who  is  a  personal  friend, 
bought  it,  and  told  me  he  bought  it  at  a  sacrifice,  in  consequence  of  their  being  compelled  to 
.sell'it. 

By  Mr.  Howard  : 

Q.  Do  you  know  iu  whoso  handwriting  the  body  of  this  paper  is  ? — A.  Yes,  sir. 

Q    Who  wrote  the  body  of  it  ? — A.   I  did  ;    it  is  my  handwriting. 

Q.  You  wrote  it  for  the  purpose  of  obtaining  sigaatures  iu  favor  of  Hatch  / — A.  Yes,  sir  : 
it  was  suggested  by  Judge  Butler. 

Q.  Where  did  you  write  it? — A.  In  the  post  office  at  Norwalk,  Connecticut. 

Q.  Are  you  postmaster  there  ? — A.  I  am  not. 

Q.  Have  you  any  official  position  there  ? — A,  No  ;  there  is  a  desk  outside  the  office  where 
I  wrote  it. 

Q.  Upon  whose  request  did  you  get  up  this  paper  ? — A.  Mr.  Henry  I.  Hoyt,  whose  signa- 
ture is  tliere.  He  had  just  becu  reading  a  report  of  what  your  colleague  in  the  Senate  had 
said,  with  some  feeling  of  indignation.     Tlio  language  was  dictated  by  Judge  Butler. 

Q.  Have  you  much  personal  acquaintance  with  Mr.  Hatch  ? — A.  As  a  village  citizen — that 
is  all. 

Q.  How  long  had  you  known  him  intimately,  if  at  all.  in  the  village? — A.  Three  or  four 
years. 

Q.  What  business  was  he  carrying  on  in  Norwalk? — A.  No  business  at  all.  He  was  a 
gentleman  of  leisure,  and  understood  to  be  a  man  of  fortune. 

Q.  Is  he  not  also  understood  to  be  a  mau  of  very  active  and  limber  tongue  when  he  speaks 
of  other  persons  ? — A.  No,  sir:  he  never  had  such  a  reputation  there.  He  was  a  stockholder 
in  a  large  planing  mill,  which  was  manufacturing  sashes  and  blinds  for  shipment  to  the  West 
Indies. 


182  DAVIS    HATCH. 

Q.  Did  he  take  any  active  part  in  the  management  of  that  concern  ? — A.  Not  at  all. 
Q.  He  was  a  gentleman  of  leisnie  and  letter-writer? — A.  A  gentleman  of  culture,  and  he 
wrote,  I  suppose,  as  the  spirit  moved  him. 

By  the  Chairman  : 

Q.  Do  yon  know  anything  of  his  conduct  in  .San  Domingo? — A.  Not  at  all. 

Q.  You  do  not  know  whether  he  sided  with  Cabral?  — A.  I  do  not  know  anything  about 
him  except  as  a  resident  of  Norwalk,  and  writing  letters. 

Q.  How  long  since  you  have  seen  him  ? — A.  It  must  be  six  or  eight  years.  I  have  not 
seen  him  since  he  left. 

Q.  He  has  not  been  in  Norwalk  for  six  or  eight  years  ? — A.  He  has  not. 

Q.  And  his  family  have  resided  there  all  the  time? — A.  Yes,  sir;  they  reside  there. 

Mr.  Ferry.  I  now  present  a  letter  addressed  by  Mr.  Davis  Hatch  to  the  Honorable  A. 
Pimentel,  minister  of  the  interior,  San  Domingo,  February  G,  ld(iG,  in  reference  to  the 
salt  mines  of  Neyba.     The  administration  of  Baez  had  then  come  in. 

The  Chairman'.  Can  there  be  any  doubt  about  that  matter  ?  I  see  from  examination 
that  the  Dominican  government  report  to  our  government  that  this  grant  is  still  in  vogue, 
and  genuine.  That  fact  appearing,  is  it  necessary  to  go  into  any  matter  as  to  Mr.  Hatch's 
title  to  the  salt  mine  grant  ? 

Mr.  Ferry.  These  papers  show  that  the  government  of  Baez  annulled  it — the  very 
papers  that  I  am  going  to  read. 

Mr.  Williams.  It  has  been  recognized  and  affirmed  since,  as  I  understand. 

Mr.  Howard.  Reconfirmed  by  Baez  ? 

Mr.  Ferry.  Never,  in  the  world. 

Mr.  Ho^VARD.  That  is  stated  by  Hatch. 

Mr.  Ferry.  No,  not  by  Hatch. 

Mr.  Williams.  If  Senator  Ferry  thinks  it  necessary  to  put  in  these  papers,  I  shall  not 
object. 

Mr.  Ferry.  I  think  these  papers  should  go  tipon  the  record  in  justice  to  Mi'.  Hatch. 

Mr,  Williams.  From  the  evidence  before  the  committee  I  should  suppose  that  the  con- 
cession to  Mr.  Hatch  was  recognized  as  a  valid  concession. 

Mr.  Ferry.  I  should  be  very  glad  if  it  was. 

Mr.  Williams.  It  is  reported  to  our  government  as  such. 

Mr.  Ferry.  I  will  present  these  papers. 

"  San  Domingo,  February  6,  ISGfi. 

"  Sir  :  The  undersigned  has  the  honor  to  acknowledge  the  receijit  of  your  ofiicial  notes  of 
the  11th  ultimo  and  the  3d  instant,  the  former  informing  him  that  his  note  of  the  7th  of 
December  to  the  President  of  the  Republic,  and  the  nuitti-r  to  which  it  referred,  had  been  sub- 
mitted by  his  excellency  to  a  government  council ;  but  as  they  had  not  found  in  the  archives 
any  record  of  the  concessions  made  by  the  Spanish  governnieut,  and  it  being  indispensable 
that  they  should  be  seen  before  taking  any  resolution  thereon,  they  had  resolved  to 
inform  him  of  such  fact  for  his  convenience;  the  lattiu"  informing  him  that  in  reply  to  the 
said  note  of  the  7th  of  December,  the  goverinnent  had  riisolved  to  declare  null  and  of  no 
etlect  the  concession  made  by  the  Sj)anish  government  to  iiim  and  liis  associates  in  the  salt 
niine.s  of  Neyba,  upon  the  plea  that  the  Dominican  forces  occupied  the  territory  wliere  the 
mines  are  situated  at  the  time  of  the  date  of  said  concession,  viz.,  the  29tii  day  of  February, 
]bG4. 

"  As  thi.s  plea  is  the  foundation  of  the  argument  which  follows  in  your  note,  the  under.signed 
begs  leave  resj)ectfully  to  observe, 

"  I.  'J'hut.  admitting  it  to  liave  l)een  the  case  tliat  there  were  no  Spanish  forces  in  the  almost 
uninhabited  country  where  the  mines  are  situated  iit  the  time  the  titles  were  dated,  the 
imdersigiied,  l)eiiig  in  tliut  province  subsefjuent  to  that  date,  knows  that  General  Puello,  with 
a  large i'orce,  wa.s  in  the  innnediate  vicinity,  and  could  have  occupied  it  at  liis  pleasure;  and 
he  continued  to  occupy  Azua,  the  capital  of  that  province,  until  the  (iiuil  evacuation  in  July, 

"2.  As  the  act  of  annex.'ition  (o  theSpani.sh  monarchy  was  a  volinitary  act,  as  a]ipeared  by 
the  acquiescence  of  tiie  nation,  and  of  tiu'  two  dislingui.slii'cl  men  wiio  had  succrssfully 
occtipied  liie  position  of  cliiet  magistrate  ot  the  republic,  and  ol'  opjmsite  politi<'al  ])arties, 
tlie  war  iluis  became  a  civil  war;  and  until  the  revolution  was  cmisummatcd  tlie  Spanish 
goV(;rument  was  the  sovereign  power,  and  government  tic  facto,  liven  thougji  the  Domini- 
can government  had  been  acknowledged  as  a  belligerent  power,  such  acknowledgment  only 
imijlies  the  liglit  to  make  war  and  not  of  domininn. 

"  i?.  As  the  issnirjg  of  the  titles  in  the  said  salt  nunes  l)y  the  captain  general  on  the  29th 
of  February,  1WG4,  was  uniy  a  i'ulHllnienl  of  an  cngagenient  enteit'd  into  by  the  Spanish 
government  and  tlie  captain  general  witii  tiie  uniiersigiUM],  prior  to  any  revcdutionary 
movement,  stich  plea  coidd  not  avail,  under  any  circumstances,  to  deinive  the  subjects  of 
a  foreign  power  of  sacred  right,'<,  obtained  from  thediief  of  a  ilc  /I'/r^*  government.  Tin?  for- 
mality of  issuing  from  the  executive  dej>artuienl  copies  of  concessions  made  many  months 


DAVIS    HATCH.  183 

previous,  mip^lit  have  been  delayed  to  the  last  moment  of  the  occupation  of  the  city  by  the 
Spanish  autliorities,  without  invalidating!'  such  concessions 

"  Tiie  un(lefsif!;'ned  bep;'s  leave  respectfully  to  submit  to  the  consideration  of  the  Domini- 
can pj'overnment  the  following  facts  :  That  (ine  of  his  associates  in  the  said  salt  mines,  and 
in  the  concessions  connected  therewitli,  came  to  this  country  at  the  solicitation  of  the  Do- 
minican g'overnmeut,  in  February,  IHtil,  and  explored  those  salt  mines.  Returning  to  this 
city  from  the  mines  just  at  the  time  of  the  annexation,  he  did  not  tlien  n)ake  an  application 
tor  a  concession  of  the  mines,  but  returned  to  the  United  States  to  watch  the  course  of  events 
here  in  this  country.  Towards  the  close  of  lrit)2,  the  annexation  having  the  appearance  of 
being  permanent,  at  least  to  the  world  outside,  an  association  was  formed  for  working  those 
mines  under  the  goverrnnent  then  iu  power;  and  the  undersigned  joined  it  and  became  its 
agent  in  this  country.  lie  arrived  here  in  January,  180;} ;  and  after  a  careful  survey  of  the 
mines,  and  of  the  natural  facilities  for  working  them,  he  returned  to  this  city,  and  on  the 
'27th  of  February,  18G3,  presented  a  jietitiou  to  the  government,  soliciting  the  privilege  of  coa- 
structing  a  railroad  from  the  port  of  Harahoiiato  the  said  salt  mines  ;  which  petitmu  was  re- 
ferred to  tiie  supreme  government  at  Madrid,  apjiroved  , and  accepted.  Having  thus  secured 
the  means  of  transportation,  without  which  the  mines  were  of  no  value,  on  the  2"2d  September, 
I8()7,  a  formal  "dentmciation"  of  thirty-two  "  perteneneias  "  was  made  for  himself  and  others 
iu  the  said  salt  mines,  according  to  the  laws  of  tlie  government  then  in  power,  wliich  "  denun- 
cias  "  were  formally  acknowledged;  and  on  his  return  from  the  United  States  in  February, 
J864,  certificates  of  the  same  were  given  to  him  by  tlie  captain-general,  as  aforesaid.  It  is 
not  necessary  to  state  here  why  the  work  on  the  railroad  has  not  been  commenced.  The 
undersigned  and  his  associates  have  been  at  all  times  ready  and  prepared  to  fulfill  their 
engagements.  After  the  restoration  of  the  Dominican  Republic  the  undersigned  with  all 
frankness  and  candor  laid  before  the  provisional  government  a  true  and  faithful  statement 
of  all  that  had  been  done  in  relation  to  the  concessions  ;  and,  with  due  respect,  presented 
a  petition  to  the  executive  of  that  government,  asking  a  confirmation  of  the  concessions  and 
privileges  made  by  the  Spanish  government ;  which  petition  was  favorably  received,  and  a 
verbal  promise  made  by  the  executive  and  his  cabinet  that  it  would  be  granted.  A  change 
occurring  just  at  that  time  iu  the  administration,  it  was  not  accomplisfied.  Upon  the  for- 
mation of  the  present  government  he  was  again  favorably  received  by  his  excellency,  as 
stated  iu  the  note  of  the  undersigned  of  the  7th  of  December,  and  promises  were  made  to 
favor  the  enterprise  officially  and  individually ;  which  promises  were  repeated  from  time  to 
time  to  mutual  friends.  In  view  of  these  facts,  the  undersigned  submits  to  the  considera- 
tion of  the  government,  with  all  due  respect,  whether  he  is  not  entitled  to  a  full  acknowl- 
edgment of  the  aforesaid  titles  and  concessions. 

"In  conclusion,  the  undersigned  gratefully  acknowledges  the  friendly  disposition  of  the 
government  towards  him  and  the  enterprise  in  contemplation,  and  their  offer  to  facilitate  au 
application  to  the  government  for  the  concessions  obtained  from  the  Spanish  government ; 
but,  while  he  holds  himself  ready  to  accept  of  such  concessions,  and  without  reference  to 
the  action  of  the  Spanish  government,  if  so  desired,  it  would  be  inconsistent  in  him  to  thus 
ignore  claims  which  are  considered  sacred,  by  making  such  application  himself. 
"  Very  respectfully,  your  obedient  servant, 

"DAVIS  HATCH. 

"Hon.   P.   A.    PiMENTEL, 

"  Minister  of  the  Interior." 

I  next  present  the  following  : 

"St.  Thomas,  April  26,  1870. 

"  Dear  Sir  :  I  have  before  me  your  letter  of  the  20th  instant,  and  in  answer  to  your  request, 
relative  to  what  took  place  between  Mr.  Baez  and  yourself,  Avhen  at  the  time  I  introduced 
you  to  him — 

"I  certify  that  on  the  Sth  of  December,  1865,  three  days  after  Mr.  Baez's  arrival  in  the 
city  of  San  Domingo  as  president  elect,  upon  my  accompanying  you  and  announcing  your 
name,  'Mr.  Hatch,'  Mr.  Baez  exclaimed  'Oh!  You  are  the  gentleman  who  has  conces- 
sions in  the  salt  mines  of  Nej'ba;'  that  upon  you  replying  in  the  affirmative,  he  (Mr.  Baez) 
said  'I  know  all  about  that  affair,  and  feel  much  interested  in  the  project,  and  will  do  every- 
thing in  my  power  to  aid  and  assist  officially  and  individually  your  undertakings,  as  I 
know  their  importance  to  the  government  and  to  the  country  in  general ;  having  myself 
extensive  landed  property  in  that  region,  their  value  will  be  greatly  enhanced  by  your  con- 
templated railroad  ;  you  may  rest  assured  that  you  will  not  have  any  opportunity  or  reason 
for  hurrying  the  government,  but  on  the  contrary  the  government  will  imrry  you;  you  can 
call  to  see  me  at  any  time  you  may  wish,  and  present  yourself  witliout  any  ceremony.' 
This  interview  lasted  about  an  hour,  and  the  mines  and  contemplated  railroad  tor  the  trans- 
portation of  the  salt  to  the  seaboard  was  almost  the  exclusive  topic,  and  not  a  word  (to  the 
best  of  my  recollection)  was  said,  or  intimation  mentioned,  of  concessions  b}'  the  Spanish 
government  not  being  valid.  Some  time  afterward  I  heard  of  a  decree  issued  by  President 
Baez  annulling  the  grants  formerly  made  to  the  parties,  the  object  of  which  decree  I  am  led 
to  believe  wasto  obtain  from  those  who  held  these  grants  a  retribution,  independent  of  the 
rents  agreed  upon  by  the  former  government. 


184  DAVIS    HATCH. 

"I  hope  you  will  find  tliis  relation  of  what  passed  in  my  presence  between  you  aud  Presi- 
dent Baez  perfectly  correct  and  in  pood  faitb. 

"  Therefore,  I  have  the  honor  to  be  your  most  obedient,  humble  servant, 

"P.  E.  DUBOCQ. 
"  D.  Hatch,  Esq.,  Present.''' 

"On  this  •2Gth  day  of  April,  1870,  before  me  the  undersigned,  United  States  consul  for  St. 
Thomas  and  the  dependencies  thereof,  personally  appeared  P.  E.  Dubocq,  known  to  me  to 
be  the  person  who  executed  the  forejjoing  instrument  of  writing,  and  acknowledged  the  same 
to  be  his  act  and  deed,  and  declared  that  he  had  executed  the  same  freely  and  voluntarily, 
to  the  uses  and  for  the  purposes  theiein  mentioned. 

"  Given  under  my  hand  and  tlieseal  of  the  consulate  the  day  and  year  above  written. 

[SEAL.]  ••C.  J.  TRUE, 

"  United  States  Consul." 

I  next  present  a  letter,  the  writer  of  which  is  dead,  but  it  is  a  contemporaneous  letter  Avith 
the  fact  relating  to  the  salt  mines,  and  referring  to  circumstances  then  transpiring  : 

"San  Domixgo,  February  23,  1866. 

"Df.ar  Sir  :  At  your  request  I  will  relate  the  substance  of  the  conversations  had  with  the 
President  respecting  the  interest  which  you  represent  in  this  country. 

"  On  my  first  visit  to  this  city  after  the  arrival  of  Mr.  Bae;:  I  had  seven  or  eight  interviews 
■with  him,  and  the  most  of  our  conversati(ju  at  each  of  those  interviews  vvas  upon  the  subject 
of  your  project  of  working  the  salt  mines,  your  contemplated  railroad,  «&c.  Mr.  Baez  man- 
fested  very  great  interest  in  the  enterprise,  and  promised  through  me  to  aid  you  in  every 
way,  officially  and  individual!}',  aud  giving  as  his  motives  for  so  doing  that  it  would  be  of 
very  great  benefit  to  the  governnn'ut  and  people,  and  that  he  and  his  brothers  had  a  largo 
property  in  that  section  which  would  be  benefited  by  the  improvements  in  contemplation. 
And  many  others  have  mentioned  to  me  that  Mr.  Baez  had  expressed  to  them  the  same 
interest  in  the  projects  at  that  time.  No  intimation  was  ever  made  to  me,  or  to  any  one  to 
my  knowledge,  as  to  the  validity  of  the  titles,  but,  on  the  contrary,  all  our  conversations 
tended  to  the  impression  that  Mr.  Baez  entertained  no  doubt  upon  tliat  pniut. 

"  Upon  my  second  visit  to  this  city,  in  the  early  part  of  January,  I  was  surprised  to  find 
Mr.  Baez  had  entirely  changed  in  regard  to  the  interest  he  had  previously  manifested  in  your 
favor,  mentioning  one  objection  after  another,  pretending  all  the  time  to  be  interested  in  hav- 
ing the  enterprise  carried  through,  and  yet  showing,  by  the  imaginary  dilficnlties  aud  objec- 
tions brought  forward,  increasing  animosity  to  it,  conveying  the  imjjression  that  lie  expected 
a  consideration  for  his  services  in  the  business;  if  not,  lie  was  prepared  to  defeat  it. 

"On  my  last  interview  with  Mr.  Baez,  on  the  2d  of  February,  upon  some  remark  being 
made  by  you  that  the  titles  were  sacred,  and  you  would  not  renounce  them,  Mr.  Baez  became 
very  angry  and  excited,  and  said  he  neither  feared  nor  cared  for  the  United  States  govern- 
me)it,  and,  alluding  to  a  circumstance  that  occurred  at  tlie  close  of  his  presidency  in  1857, 
and  the  action  of  tlie  United  States  ship  Colorado  on  that  occasion,  remarked,  he  had  not 
forgotten  that  yet.  On  a  previous  interview  ho  had  mentioned  to  mo  that  the  Colorado 
obliged  hiui  to  leave  the  country  at  that  tnne. 

"I  have  been  familiar  with  Mr.  Hatch's  whole  proceedings  in  relation  to  the  salt  mines, 
and  of  his  intercourse  with  tin;  different  governments  in  relatiou  thereto,  from  the  connnence- 
ment,  in  .January,  18lj:j,  up  to  the  present  time,  and  concur  in  all  the  facts  staled  in  liis  pro- 
test against  this  government. 

"In  conclusion,  I  would  state  that  Mr.  Baez's  whole  proceedings  in  Mr.  Hatch's  business 
has  been  marked  by  gross  deception  and  injustice,  which  I  know  from  my  own  personal 
knowledge,  and  also  from  information  obtained  through  others. 

"With  the  hope  that  this  may  answer  the  ends  in  view,  I  remain,  yours,  truly, 

"EDMUND  GARXN. 

"Davi.s  TIa'icm,  Esq." 

"Sr.  Thomas,  April  2Ci,  1870. 

"This  letter  was  obtained  at  the  time  of  its  dati^  for  the  purpose  of  showing  to  my  associates 
in  the  salt  mines  the  false,  dcci-ptive,  and  dishonest  course  of  Mr.  Baez  in  my  intercourse 
witli  liiin,  wliilo  at  (ho  head  of  the  government,  from  December  18,  Ib'fifi  to  May  2'.),  IHtil). 
It  is  forwarded  now  as  additional  (evidence  of  liis  bidng  the  aggressor,  and  of  my  justifica- 
tion in  making  iIk;  idiarges  against  iiim  of  inal-administration  in  my  imblishcd  letters  in 
18(56,  which  has  ln'cn  the  sole  cause  of  his  persecution  now. 

"DAVIS  HATCH. 

"Mr.  Garnn  died  in  .June,  1867." 

Mr.  Howard.  Did  you  know  Garnn,  the  writer  ? 

Mr.  Ekruv.  I  never  knew  him.  'I'iie  proccediTigs  on  (lie  trial  of  Mr.  Hatch,  which  have 
been  read  and  prinl(M],  cam'-  on  in  the  steamer  Vantie.  on  which  also  Mr.  ll.ileh  came  as  far 
as  Havana.  I  now  present  a  letter  with  its  inclosure  written  in  respect  to  that  by  Mr.  Hatch 
to  me. 


DAVIS  HATCH.  185 

"Havana,  March  :il   1870. 

"Dear  Sir  :  Mr.  John  C.  Soley,  whom  I  mentioncrl  in  my  letter  of  the  2(5th,  bearer  of  dis- 
patches from  Admiral  Poor,  took  on  the  traiislHtion  of  the  proceeding's  on  what  was  called 
my  trial,  which  I  asked  for  in  the  month  of  October,  brit  which  has  been  withheld  upon  one 
pretext  and  another ;  but  the  real  cause  will  be  readily  understood  upon  reading  it  over. 
I  looked  ov(!r  it  while  on  board  tho  Yantic,  and  so, far  as  my  memory  serves  me  it  appears  to 
bo  a  true  copy,  and  the  translation  fairly  made.  If  you  have  time  and  patience  to  read  it 
throngh  yon  will  see  that  the  whole  substance  of  it  is  made  up  of  negative  assertions,  which, 
though  generally  difficult  to  disprove,  are  made  extremely  easy  in  this  case.  There  is 
nothing  whatever  proved  to  criminate  me,  even  under  tlie  cr  post  facto  criminal  law  enacted 
for  the  occasion.  All  that  is  attempted  to  be  proved  bj'  witnesses  is,  that  after  the  Cabral 
steamer  Telegraph,  six  weeks  after  he  had  been  in  possession  of  all  that  section  of  the 
country,  some  of  the  officers  on  board  of  lier  belonging  to  Cabral's  army  staid  at  my  house, 
of  which  there  were  three,  whom  I  invited,  having  only  known  them  as  mmnbers  of  the 
national  convention  in  1865,  but  never  as  military  men.  General  Cabral  likewise  staid  at 
my  house  two  nights.  As  they  had  a  large  and  well-organized  force  there,  exercised  author- 
ity, and  received  submission  from  the  civil  authorities  of  Baez's  government,  and  all  the 
citizens,  and  being  dependent  upon  them  for  protection  to  my  person  and  property,  any 
other  course  would  have  subjected  me  to  persecution  and  exposed  my  property,  if  not  my 
life.  Inclosure  No.  1  will  show  you  that  I  pursued  tlie  same  course  during  the  revolu- 
tion of  Baez  against  Cabral,  and  that  my  course  then  was  approved  by  Baez  and  his  brother. 
I  had  no  direct  intercourse  with  either  party,  but  treated  both  with  equal  courtesy  and  at- 
tention while  in  possession  of  the  town.  The  chief  officers  of  both  parties  have  each  in  their 
turn  occupied  my  house  for  a  time  on  first  taking  possession,  and  until  they  could  make  per- 
manent arrangements  elsewhere.  This  has  been  the  case  for  years  before  I  occupied  it,  and 
has  been  in  consequence  of  its  extra  size  and  accnnunodations  and  its  central  position.  Atid 
since  I  have  occupied  it  it  has  been  an  asylum  for  both  parties  on  many  occasions,  and  re- 
spected as  such  until  Baez's  army  took  possession  of  the  town  the  last  time,  on  the  14th  of 
August,  when  it  was  plundered  of  nearly  everything  it  contained,  by  the  unpardonable  neg- 
lect of  the  commander-in-chief.  General  Garcia.  This  was  not  for  anything  personal  toward 
me,  for  the  natives  were  robbed  of  what  little  they  possessed.  And  it  is  not  surprising  that 
men  forced  into  service  by  a  press-gang,  without  conscription  or  enrollment,  without  t)ie 
semblance  of  discipline  or  military  order,  without  pay  or  regular  rations,  half  naked  and 
half  starved,  should  help  themselves  to  whatever  came  in  their  way,  regardless  of  the  conse- 
quences to  their  government  or  who  their  victim  was.  General  Garcia  executed  the  ring- 
leader, as  he  supposed,  within  five  minutes  after  the  discovery,  but  the  real  culprits  were 
some  generals  and  other  officers  on  his  staff,  who  participated  in  the  plunder. 

"  With  regard  to  the  powder  of  which  so  much  is  attempted  to  be  made  in  the  accusations, 
I  would  remark  that  I  bought  fifteen  pounds  of  a  captain  about  the  20th  of  November,  six 
months  before  Cabral  took  possession,  and  before  I  knew  of  his  being  in  the  country.  It 
was  fine  sporting  powder.  Eight  pounds  of  it  were  in  my  house  when  Baez's  army  took 
possession,  and  it  is  not  pretended  that  any  of  it  was  sold  or  offered  to  the  other  party. 
There  had  been  no  order  given  against  holding  powder,  and  I  informed  the  cumanilante 
de  tirmas  when  I  bought  it,  and  he  took  a  part  of  it  for  his  own  use. 

"  The  charge  of  negotiating  tlie  paper  of  the  Cabral  party  is  equally  frivolous  and  absurd. 
I  took  about  forty  dollars  of  the  "  vales"  issued  by  them  from  some  poor  people  to  whom 
they  luid  given  thein  for  cattle  taken  from  them,  at  about  one-(iuarter  their  nominal  value, 
out  of  consideration  for  them,  and  not  for  any  value  they  possessed,  or  to  favor  the  revolu- 
tion. 

"It  is  pretended,  too,  that  I  persisted  in  remaining  there  because  of  the  facilities  of  com 
mnnicating  with,  the  Cabral  party.  I  had  no  opportunity  of  leaving  there  after  the  month 
of  April,  and  if  I  had,  there  was  no  reason  why  I  should  abandon  my  property' :  and  why 
should  I  not  remain  there  during  a  revolution  against  Baez  by  Cabral,  as  well  as  against 
Cabral  by  Baez  ?  And,  furthermore,  I  never  knew  anything  of  the  whereabouts  of  Cabral, 
or  his  intentions  to  occupy  the  place,  until  after  Baez's  army  withdrew  from  there  early  in 
May,  two  weeks  or  more  before  the  other  party  occupied  it.  But  I  have  no  time  or  patience 
to  dwell  longer  upon  the  subject,  nor  do  I  think  it  necessary  to  say  nmre  to  satisfy  you  that 
the"  whole  thing  has  been  conceived  in  wickedness,  and  prosecuted  from  malicious  motives 
of  revenge,  but  so  clumsily  and  stupidly  executed  that  no  one  who  looks  over  the  papers 
can  fail  to  see  it,  after  understanding  the  motives.  These  you  will  understand  by  my  letter 
to  General  Babcock,  of  which  I  sent  you  a  copy  in  my  last. 

"  I  would  thank  you  to  write  m«  a  few  lines  to  St.  Thomas,  care  of  G.  W.  Smith  &  Co., 
giving  me  your  advice  what  course  to  pursue,  and  whether  it  is  necessary  for  me  to  come 
home  belbre  the  affair  is  settled.  I  left  a  large  and  valuable  cargo  of  wood  at  Barahona, 
and  if  the  Dominican  government  cannot  be  held  responsible  for  it,  as  well  as  for  other 
property  robbed  from  me,  I  must  attend  to  it  when  circumstances  will  enable  me  to  do  so. 
I  cannot  believe  our  government  will  hesitate  to  damand  full  satisfaction  and  reparation  for 
what  I  have  suffered  in  person  for  this  barbarous  attempt  to    degrade  my  character,  and  for 


186  DAVIS    HATCH. 

serious  injury  to  my  constitutiou   from  the  long  confinement,  passing  through  three  very 
severe  fevers  without  medicine  or  medical  attendance. 
"  Truly,  your  obedient  servant, 

"  DAVIS  HATCH. 
"Hon.  O.  S.  Ferry,  Washington" 

Inclosure  No.  ]  referred  to  is  a  letter,  to  which  Commercial  Agent  Smith  referred,  from 
Valentine  Eamirez  Baez  to  Buenaventura  Baez,  in  June,  1868. 

Translation  of  a  letter  from  General  Valentine  Eamirez  Baez,  brother  of  the  President, 
addressed  to  him: 

"AzuA,  June  — ,  1S63. 
"My  Dear  Ventura  :  All  that  the  American  consul  has  told  you  regarding  Mr.  Hatch's 
course  in  Barahona  is  true.  He  is  much  respected  there.  He  assisted  General  Blass,  and 
he  is  the  only  one  doing  any  business  there  in  buying  and  selling.  It  was  with  great  repug- 
nance I  arrested  him ;  but  I  am  not  in  the  habit  of  commenting  upon  the  orders  of  my 
superiors.  I  treated  him  with  much  attention. 
"  Yours, 

"VALENTINE  RAMIREZ." 

That  refers  to  the  first  arrest  in  1863.  Then  Mr.  Hatch  goes  on  and  states : 
"  On  my  arrival  in  the  city  on  that  occasion,  I  requested  Mr.  Smith,  our  commercial  agent, 
to  demand  satisfaction,  and  that  I  should  have  permission  to  return  to  my  business  immedi- 
ately :  that  I  had  never  taken  any  part  on  either  side  in  tlie  revolution  of  Mr.  Baez  against 
Cabral,  just  then  concluded  ;  but  had  acknowledged  the  authority  of  General  Blass  as  soon  as 
he  obtained  possession  of  the  town,  and  assisted  him,  because  he  had  protected  me  and  my 
property,  although  Cabral  was  then  holding  nearly  all  the  rest  of  the  country;  that  he  had  no 
right  to  use  his  office  to  persecute  me  for  a  private  afl'air,  when  he  was  out  of  otHce  and  out  of 
the  country,  for  which,  if  I  had  misrepresented  him,  or  stated  anything  false,  I  was  amenable 
to  the  civil  tribunals,  and  was  ready  to  meet  him  there  if  he  had  any  charges  to  make  against 
nie.  Mr.  Baez,  seeing  he  had  cominitted  himself,  endeavored  to  throw  the  responsibility  upon 
his  brother,  and  positively  denied  having  given  any  order  for  my  arrest,  but  merely  to 
oft'er  me  a  passage  in  the  Capotilla  to  come  up  and  make  an  explanation  of  the  parti- 
ality and  preference  I  had  shown  for  the  government  of  General  Cabral.  Mr.  Smith 
insisting  upon  my  being  allowed  to  return  immediately,  Mr.  Baez  requested  him  to  wait  a 
few  days  until  he  could  communicate  with  his  brother,  to  avoid  any  comments  for  the  mis- 
take that  had  occurred  while  things  were  so  unsettled  ;  and  if  what  I  had  stated  was  true, 
whicli  he  did  not  doubt,  I  couW  re-turn  as  soon  as  the  answer  cami'.  ^!r.  Smith  Imppcued  to 
be  present  when  he  received  the  answer;  and  Mr.  Baez  was  so  much  gratified  with  the 
tenor  of  it  that  he  handed  it  to  Mr.  Smith  to^hovv  me.  Thinking  it  might  bo  of  importance 
to  me  on  some  future  occasion,  I  requested  him  to  take  a  copy  of  it.  The  copy  was  barely 
concluded  before  Mr.  Baez  sent  for  it,  recollecting,  no  doubt,  tiiat  it  contradicted  his  denial 
of  having  ordered  my  arrest.  But  such  is  the  character  of  the  man  for  truth  and  common 
honesty;  and  seeing  his  dftermiuation  to  persecute  me  if  lie  had  the  opporttmity,  I  was  par- 
ticularly on  my  giuird  in  not  giving  him  the  least  occasion  to  interfere  with  me  in  my  busi- 
ness. In  doing  this  1  even  wiMit  so  far  in  my  attentions  and  assistance  to  the  autiiorities  of 
his  government  there  that  I  subjected  myself  to  tiie  charge  of  having  manifested  great  par- 
tiality for  Mr.  Baez  by  the  officers  of  the  Cabral  party  when  they  first  took  pos.session  of 
the  town.  A  cojiy  of  this  letter  was  filed  in  the  archives  of  the  commercial  agency,  and  I 
have  another  in  my  desk  at  San  Domingo,  which  I  shall  forward,  to  he  attached  to  tiiis. 

"  .Some  months  atti-r  my  return  to  Barahona,  Mr.  Smith,  the  commercial  agent,  wrote  mo 
tluit  reports  had  liecn  made  in  tlie  city  that  I  had  cominunicatiid,  or  was  trying  to  communi- 
cate, witii  Cabral,  or  some  of  his  party,  and  Mr.  Hafz  iiad  re([m'sted  him  to  write  me  to 
come  to  tlie  city  at  once  to  clear  it  up.  I  rtq)lii>d,  denying  the  charge  as  false  and  malicious, 
if  such  cliarg*;  liad  really  been  made,  whicii  I  did  not  l)elieve,  and  am  persuaded  now  that 
Mr.  B;iez  ma<lo  up  the  iiffair  merely  to  get  me  away  from  I'arahona  to  injure  me  in  my  busi- 
iK'SS.  I  iiad  not  then  lieard  that  Cabral  was  anywhere  in  the  country,  neither  that  lie  was 
ex[)eeted.  I  showed  the  letter  to  a  resichiiit  of  Barahona,  a  rival  in  business,  and  a  par- 
tisan of  Baez.  H(!  at  once,  and  of  his  own  motion,  drew  up  a  certificate  denouncing  tho 
charges  as  false  and  calumnious,  and  he  obtained  the  signatures  of  every  num  in  the  place 
wlio  ctiiild  write  liis  name.  I  forwardtid  this  to  Mr.  Smith,  and  wrote  iiini  that  I  siioiild  not 
leave  my  l^i.^iness  except  by  force,  and  in  that  case  I  should  aliamlou  ('verytliing  I  pos- 
sesseil  and  iijipeal  to  my  gov(M-nmeiit  for  satisfai'tion  and  rep.'iratioii.  Mr.  Smith  showed  the 
letter  and  certitieates  to  I5aez,  am]  lie  said  it  was  perfectly  satisfactory,  and  that,  no  further 
notice  would  be  talun  of  the  matter.  '1  In-  certificate  is,  I  presume,  on  file  in  the  commer- 
cial agency,  and  I  shall  pvocure  and  forward  it. 

"  DAVIS  HATCH." 

Sir.  Hatch  is  not  licro,  and  several  times  inr[uiry  has  l^een  made  where  Mr.  Hatch  is. 
Here  are  three  letters  that  explain  that.  I  will  read  them  in  full,  as  they  are  short,  and  per- 
hajis  there  are  some  things  in  tln'Ui  that  the  gentlemen  of  the  committee  would  like  to  have 
read  : 


k 


DAVIS    HATCH.  187 

"  St.  Thomas,  April  30,  1870. 

"Dear  Sir  :  Your  esteemed  favor  of  11th  instant  came  to  liiind  late  lust  evenint^,  by  the 
Brazil  steamer,  and  its  contents  read  with  interest.  I  avail  of  an  opportunity,  via  Havana 
this  morning,  to  say  that  I  shall  draw  up  a  petition  to  Congress,  as  yon  advise,  and  forward 
by  first  Ojiportuuity,  together  with  the  amount  of  property  forcibly  taken  from  mo,  wliich  is 
already  made  up. 

"  I  cannot  return  home  until  I  hear  from  San  Domingo,  which  I  cannot  count  upon 
until  the  arrival  of  the  steamer — 14th  proximo.  There  is  but  one  steamer  a  month  from 
the  city.  Wliat  funds  I  have  at  my  command  are  there,  and  I  have  been  forcibly  removed 
from  a  large  and  valuable  cargo  of  wood  at  Barahona,  for  which  I  make  a  demand  upon  the 
Dominican  government,  together  with  the  property  taken  by  the  government  army. 

"  The  prejudices  of  the  State  Department,  Senator  Cole,  and  General  Babcock  are  not 
for  anything  personal,  neither  is  it  possible  they  can  believe  that  I  have  taken  any  part 
against  the  government  of  Mr.  Baez  ;  but  they  fear  that  doing  justice  to  me  in  my  difficul- 
ties with  Mr.  Baez  will  injure  the  prospects  of  annexation,  to  which  they  are  wedded.  I 
know  this  from  a  personal  friend  of  Senator  Cole,  who  shewed  me  a  letter  from  him  on  the 
22d  instaut. 

•'1  wrote  you  ou  the  IGth  instant,  via  Havana,  inclosing  copy  of  a  letter  to  President 
Baez. 

"  There  is  no  place  in  the  world  where  I  am  so  well  known  as  here.  T  have  had  business 
conuectious  with  the  people  here  for  more  than  thirty  years,  amounting  in  the  aggregate  to 
many  millions  of  dollars.  They  have  all  been  familiar  with  my  mining  and  mercantile 
affairs  in  San  Domingo,  and  all  my  relations  with  Mr.  Baez  from  the  first ;  and  there  has 
been  but  one  opinion  expressed,  that  the  amount  claimed,  under  the  circumstances,  ought  to 
be  double. 

"  Please  write  me  via  Havana  on  receipt  of  this.  If  you  still  think  it  important  that  I 
should  be  present  in  person,  I  will  come  on  immediately  after  obtaining  funds  and  advices 
from  San  Domingo. 

"  Thanking  you  kindly  for  the  interest  taken  in  my  affairs,  I  am,  in  haste,  yours  truly, 

"DAVIS  HATCH. 

"Hon.  0.  S.  Ferry,  Washington." 

Mr.  Wauner.  May  I  ask  how  Mr.  Hatch  knew  that  General  Babcock,  Mr.  Cole,  and 
the  vState  Department  were  prejudiced  against  him? 

Mr.  Fk.rky.  He  had  referred  in  a  former  letter  to  me  to  General  Babcock  and  Senator 
Cole  as  knowing  about  his  condition  when  he  was  in  Azua ;  and  I  had  replied  to  him  that 
the  impressions  of  those  gentlemen  were  against  him.  That  is  what  he  means.  I  had  re- 
plied to  him  also  that  Mr.  Fish's  impressions  were  against  him,  as  Mr.  Fish,  in  a  personal  in- 
terview with  me,  had  stated  his  impression  that  Mr.  Hatch  was  either  to  blame  or  had  been 
very  imprudent.  I  recollect  that  expression  of  Mr.  Fish,  and  communicated  in  reply  to  him 
those  statements. 

Mr.  Warner.  He  had  never  had  any  communication  with  Mr.  Fish  himself  directly,  I 
suppose  ? 

Mr.  Ferrv.  You  can  see  the  tone  shows  that  it  is  in  reply  to  a  suggestion  in  a  letter  of 
mine.     Here  is  another  letter  written  by  the  ue.\.t  steamer  : 

"  St.  Thomas,  May  13,  1870. 

"  Dear  Sir  :  Since  writing  you  this  day  I  have  found  among  my  books  a  pamphlet  on  the 
annexation  of  San  Domingo  to  Spain,  which  I  forward,  thinking  it  may  interest  you.  Its 
historical  and  statistical  part  at  least  may  be  relied  on.  It  was  prepared  by  an  English  gen 
tlernanwho  had  been  thirty  years  in  the  country,  and  died  there  in  1865. 

"  I  have  seen  uo  reason  to  change  my  views  ou  the  subject  of  annexation,  as  expressed 
in  7uy  letter  of  the  3d  of  March  on  the  political  state  of  the  country.  I  think  if  it  could  be 
effected  while  there  was  no  organized  force  iu  the  country  contending  against  the  govern- 
ment, it  would  be  impossible  afterward  to  get  up  one.  The  population  being  so  small 
compared  to  the  extent  of  territory,  it  would  probably  soon  be  overcome  by  iunnigration,  as 
was  the  case  in  California,  and  prove  a  blessing  to  both  countries.  It  would,  of  course,  be 
immaterial  to  me  whether  effected  by  the  present  administration  or  some  other,  if  it  restored 
tranquility.  I  advocated  it  through  him  (Baez)  for  more  than  a  year  after  he  came  into 
power  this  last  time,  and  till  after  there  was  a  large  force  organized  against  him,  determined 
that  he  should  not  have  the  honor  and  emoluments  too,  after  being  so  long  the  bitter  enemy 
of  the  government  and  people  of  the  United  States. 

"  The  great  mass  of  the  population  are  poor  and  ignorant,  but  the  most  docile  and  hospi- 
table people  I  ever  met. 

"The  other  papers  I  send  by  private  hands, being  voluminous,  and  there  may  be  a  day 
or  two  delay  in  your  receiving  them. 

"  I  shall  write  you  again  ou  the  16th,  via  Havana,  after  hearing  from  Sau  Domingo. 
"Yours  truly, 

"  DAVIS  HATCH. 

"Hon.  0.  S.  Fr.nRY,   U'aslnnglon,  D.  C" 


188  DAVIS    HATCH. 

The  last  letter  I  received  from  him  is  as  follows  : 

•'St.  Thomas,  May  30,  1870. 

'•Dear  Sir  :  Yonr  esteemed  favor  of  the  12th  instant,  marked  via  Havana,  is  just  to  hand, 
per  Brazil  steamer  from  New  York.  I  note  your  instructions  as  to  the  mode  of  proceeding 
with  my  claim,  which  I  shall  follow. 

"  I  have  not  yet  received  my  funds  from  San  Dominp^o,  as  I  expected,  but  am  promised 
them  by  next  opportunity.     I  shall  proceed  home  immediately  after  receiving  them. 

"  From  what  I  can  gather  from  the  papers  there  is  little  prospect  of  anything  being  done 
in  San  Domingo  affairs  this  session.  Present  advices  from  different  parts  of  the  Dominican 
Republic  confirm  me  in  the  opinion  heretofore  expressed  that  the  Cabral  party  will  not  ac- 
quiesce in  any  negotiations  made  by  our  government  with  that  of  l3aez.  Cabral  has  moved 
his  headquarters  to  the  north  side  to  operate  in  conjunction  with  Generals  Pimentel  and 
Mansneta.  The  revolutionary  army  of  the  south,  under  General  Orgaudo,  had  received  ample 
supplies  from  Haj'ti,  and  was  prepared  to  move  upon  Aziia  'ilW  instant.  The  Haytien  gov- 
ernment seems  disposed  to  aid  Cabral  as  much  as  possible  without  compromising  itself  with 
the  United  States. 

"I  wrote  you  on  the  14th,  per  Brazil  steamer,  forwarding  petition  to  Congress  and  other 
papers. 

"Yours  traly, 

"DAVIS  HATCH. 

"Hon.  O.S.Ferry,  Washington,  D.  C."' 

I  have  read  these  letters  merely  to  show  where  Mr.  Hatch  now  is. 

Mr.  Howard.  He  refers  to  the  fact,  in  one  of  his  letters,  that  Mr.  Ferry  recommended 
him  to  make  out  his  claim  for  damages. 

Mr.  Ferry.  In  a  former  letter  he  had  asked  me  in  what  way  he  ought  to  present  his 
claim  against  the  government.  In  the  beginning  you  will  recollect  that  he  wrote  a  letter 
to  Baez,  stating  that  he  was  going  to  apply  to  his  government,  and  you  see  all  along  through 
his  intention  of  applying  to  this  government,  and  he  wrote  to  me  asking  the  form  in  which 
to  make  the  application.  I  merely  suggested  that  he  write  a  petition  and  make  out  an  ac- 
count. 

]Mr.  Howard.  I  take  it  you  did  not  commit  yourself  either  for  or  against  the  claim  ? 

Jlr.  Ferry.  Not  at  all.     I  should  be  glad  if  all  my  letters  to  him  were  here. 

Mr.  ScHURZ  presented,  and  it  was  receivr-d  in  evidence,  the  original  protocol  signed  by 
General  Babcock  and  Mr.  Gautier  in  September,  16(59  : 

[Translation.] 

"  The  following  bases,  which  shall  serve  for  framing  a  definitive  treaty  between  the  United 
States  and  the  Dominican  Republic,  have  been  reduced  to  writing  and  agreed  upon  by  Gen- 
eral Orville  1*1  Babcock,  aide-de-camp  to  his  Excellency  General  Ulysses  S.  (irunt,  Presi- 
dent of  tiie  United  States  of  America,  and  his  special  agent  to  the  Dominican  Re))ul)lic,  and 
Mr.  Manuel  Maria  Gautier,  secretary  of  state  of  the  departments  of  the  inteiior  and  of 
police,  charged  with  the  foreign  relations  of  the  said  Dounnican  Republic. 

"I.  His  Excellency  General  Grant,  President  of  the  United  States,  juomises,  ])rivately,  to 
use  all  his  influence,  in  order  that  the  idea  of  annexing  the  Dominican  Republic  to  the 
United  States  n)ay  acquire  siu'h  a  degree  of  ])opularity  among  nienibers  of  Congress 
as  will  be  necessary  for  its  accomplishment;  and  he  otVers  to  make;  no  commnnicatiou 
to  that  body  on  the  subject  until  In;  shall  be  certain  that  it  will  be  approved  by  a  majority. 
Th(^  acceptance  of  annexation  will  oblige  the  United  States  to  pay  to  the  Dominican 
Republic  the  sum  of  on(^  million  five  hundred  thousand  dollars  in  coin,  (§l,r)(lU,OiU),)  in 
order  that  that  republic  nuiy.  as  a  state,  i)ay  its  public",  debt,  which  is  estimated  at  the  sum 
of  OIK!  million  five  hundred  thousand  dollars  in  ct)in,  (Sl,r)(i(),(l()l) ;)  and  the  Dominican  Re- 

i)ul)lic  on  its  part  agice.s  to  contoriii  its  constitution  to  those  of  other  States  of  llie  Union, 
n  the  event  that  \\w  Dominican  public  debt  should  excec^d  one  million  liv(^  hundred  thou- 
sand dollars  in  coin,  (l5il,r)0(),(li)(),)  the  excess  shall  he  charged  to  th(!  Dominican  States 

"  II.  In  case  the  North  American  Congress  shall  reject  the  proposition  for  ainu'xation,  the 
Dominican  goverinncnt  would  accept,  as  the  price  of  the  sale  of  Samana,  the  two  millions 
of  dollars  in  coin,  ($v!,()()(t,0(K), )  wiiicli  the  same  government  of  the  United  States  olTered 
it  under  the  adniinistration  of  President  .Johnson. 

"III.  His  Ivxcellency  I'resident  (Jiant  assumes  the  oliligation  to  remit  forthwith  to  the 
Dominican  government  th(!  sum  of  one  hundred  and  filly  thousand  dollars  in  coin, 
(^i.')((,()()(),)  one  hundred  thousand  dollars  to  be  in  cash,  and  fill}'  thousand  in  arms,  for  the 
pur|)ose  of  aiding  in  dcjfraying  the  unav(»iilable  expt^nses  ol'  the  State.  Credit  shall  be 
allowed  for  this  amount,  either  on  ac,co\int  of  that  which  will  be  jiayable  in  the  event  of  an 
acceptance  of  annexation  or  of  a  preference  for  the  acquisition  of  Samana. 

"  IV.  In  either  case  the  United  States  will  guarantei-  the  safety  of  the  country  and  of  tlio 
government  against  every  foreign  aggression  or  machination,  in  order  that  the  i)iesent,  cahi- 


DAVIS    HATCH.  189 

net  may  oairj  into  eftVct  t'le  obligation  wliicli  it  contnit^ts,  to  obtain  from  the  people  the  ex- 
pression of  the  national  consent,  which  will  necessarily  have  to  ho  carried  into  effect  within 
four  months  from  the  acceptance  of  the  idea  of  annexation  by  President  Grant. 

"V.  It  is  understood  by  both  parties  that  if  neither  of  tlie  bases  referred  to  shall  be  carried 
into  effect,  they  shall  be  reg/irded  as  null  and  of  no  value  or  force,  and  that  they  shall, 
throughout  all  time,  pn^serve  their  character  of  inviolable  secrecy;  but  if  one  of  the  two  ex- 
tremes which  they  embrace  shall  be  accepted,  (annexation  of  the  republic  to  the  United 
States  or  the  cession  of  Samana, )  their  tenor  shall  be  obligatory  for  both  parties,  and  shall  be 
embraced  without  change  in  the  definitive  treaty. 

"  VI.  In  case  the  proposition  relative  to  Samaua  should  alone  be  accepted  by  the  United 
States,  and  the  sum  of  one  hundred  thousand  hard  dollars  should  be  remitted  to  this  capital 
of  San  Domingo,  as  provided  in  article  3,  the  Dominican  government  will  abstain  from  re- 
ceiving it  until  the  Senate  shall  have  approved  the  bargain,  for  which  purpose  it  engages  to 
submit  that  question,  and  to  solicit  the  said  approval  as  soon  as  the  said  sum  may  arrive. 

"  Done  in  duplicate  in  good  faith,  in  the  city  of  San  Domingo,  the  fourth  day  of  the  month 
of  September,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  sixty-nine. 

"ORVILLE  E.  BABCOCK. 
"MANUEL  MARIA  GAUTIER." 

Mr.  Ferry  produced,  and  they  were  allowed  to  be  put  in  as  evidence,  the  following 
papers  : 

"  Mr.  Fish  to  General  Bahcock. 

"Department  op  State, 

"  Washington,  July  13,  1869. 

"General:  The  President,  deeming  it  advisable  to  employ  a  special  agent  to  obtain 
information  in  regard  to  the  Dominican  Republic,  has  selected  you  for  that  purjiose. 

"  The  points  to  which  your  inquiries  will  be  directed  are :  the  population  of  that  republic, 
in  towns  and  in  the  country,  on  the  north  and  south  coast,  and  in  the  interior,  respectivelj- ; 
the  number  of  whites,  of  pure  Africans,  of  mulattoes,  and  of  other  mixtures  of  the  African 
and  Caucasian  races  ;  of  Indians,  and  of  the  crosses  between  them  and  whites  and  Africans, 
respectively.  You  will  also  inquire  and  report  upon  the  soils  of  the  country,  and  their  pro- 
duction in  each  locality;  as  to  the  timber,  dye-woods,  and  minerals;  and  as  to  whether 
any  mines  are  w"orked,  and  the  extent  and  value  of  their  proceeds. 

"  You  will  likewise  endeavor  to  obtain  full  and  accurate  information  in  regard  to  the  dis- 
position of  the  government  and  people  of  that  republic  toward  the  United  States,  the  char- 
acter of  the  government,  whether  it  be  mihtary  or  civil,  whether  it  be  stable  or  liable  to  be 
overthrown. 

"It  is  also  desirable  to  know  what  the  revenues  of  that  country  may  be,  and  whence 
derived,  and  the  tonnage — to  be  classified  so  as  to  show  the  proportions  of  its  foreign  trade, 
under  its  own  Hag  and  under  those  of  other  countries.  Similar  returns  in  regard  to  the  coastino- 
trade  would  be  acceptable.  .  You  will  also  ascertain  what  the  debt,  foreign  and  domestic,  of 
that  government  may  be,  how  long  it  may  have  to  run,  the  rate  of  interest,  and  where  the 
debt  may  be  held. 

"It  is  understood  that  the  government  paper  money  issued  during  one  administration  is 
often,  if  not  usually,  repudiated  by  its  successor.  You  will  endeavor  to  obtain  full  ami 
accurate  information  on  this  point,  the  amounts  of  such  money  us  may  have  been  issued 
from  time  to  time,  and  the  sums  on  account  thereof  for  which  the  government  may,  in  any 
event,  be  liable. 

"Inquiry  should  also  be  made  as  to  whether  any  other  foreign  power  may  be  seeking  to 
obtain  possession  of  any  part  of  that  country. 

"Generally,  any  information  tending  to  illustrate  the  condition  and  resources  of  that 
republic,  and  the  character  and  iuiiuence  of  those  charged  with  its  destinies,  would  be 
acceptable. 

"The  sum  of  five  hundred  dollars  it  now  advanced  to  you  toward  your  expenses,  of 
which  you  will  keep  an  account,  to  be  supported  by  vouchers  when  they' can  bo  obtained. 
Should  the  sum  referred  to  prove  to  be  insufiicieut,  you  are  authorized  to  draw  on  this 
department  for  such  further  amounts  as  may  be  necessary. 

"You  are  herewith  furnished  with  a  special  passport  for  your  protection. 
"I  am  your  obedient  servant, 

"HAMILTON  FISH. 

"Orville  E.  Babcock, 

"'Brevet  Briiradicr  General." 


"  Mr.  Fish  to  General  BahcocJc. 

"Department  of  State, 

"  li'ashingtun,  A'occnibcr  6,  1809. 
"Sir  :  The  President  having  directed  you  to  .meet  Mr.  Raymond  H.  Perry  in  San  Do 


190  DAVIS    HATCH. 

mingo,  and  to  ailvise  witli  liim,  unofficially,  as  to  the  execution  of  the  powers  with  which 
he  is  intrusted  to  conclude  a  treaty  and  a  convention  with  the  Dominican  Republic  ;  and  he 
also  having  further  directed  j^ou  in  case  of  the  execution  of  such  treaty  and  convention,  then, 
as  an  officer  of  the  army  of  the  United  States,  to  take  steps  to  carry  out  tlie  agreement  of  the 
United  States  contained  in  said  treaty,  to  protect  the  people  of  that  republic  against  foreign 
interference  while  the  nation  is  expressing  its  will,  and  also  to  protect  the  interests  and 
rights  which  the  United  States  may  obtain  under  such  convention,  I  now  place  in  your 
hands  herewith  draughts  of  such  a  treaty  and  of  such  a  convention  as  the  United  States  are 
prepared  to  enter  into  with  that  republic.  And  it  being  contemplated  that  the  United  States 
shall  make  an  advance  to  that  republic,  the  President  has  also  determined  to  place  the  ad- 
vance in  your  hands,  to  be  given  to  Mr.  Perry  when  the  negotiations  shall  have  advanced  to 
the  proper  point  for  its  use  ;  you  will  accordingly  receive  herewith,  for  that  purpose,  a  draft 
on  New  York  for  one  hundred  thousand  dollars,  and  also  a  (juantity  of  arms  and  annnunitiou, 
valued  at  fifty  thousand  dollars,  of  which  a  schedule  is  annexed.  3Ir.  Perry  having  been 
instructed  to  govern  his  course  by  your  advice,  I  will  add  a  few  suggestions  for  your 
guidance  in  that  respect,  in  the  expectation  that  the  minister  for  foreign  affairs  in  the 
Dv,minican  Republic  will  welcome  you  to  his  conferences  with  Mr.  Perry. 

"  No  apprehension  is  felt  that  any  serious  objections  will  be  made  by  the  Dominican  Re- 
public to  the  language  used  in  these  instruments.  They  are  framed  with  a  view  to  carry  out 
the  understanding  which  the  authorities  of  that  republic  came  to  with  you  on  your  late  visit. 
If  it  shouhl  be  proposed,  however,  to  vary  the  form  of  language,  and  by  doing  so  the  nego- 
tiations can  be  facilitated,  Mr.  Perry  should  yield  to  the  wishes  of  that  goveiumeiit  in  this 
respect,  provided  none  of  the  essential  features  of  the  draughts  are  altered,  and  no  new  princi- 
ples introduced.  It  is,  however,  possible  that  the  Dominican  government  may  propose  that 
that  republic  shall  be  admitted  into  the  Union  as  a  State.  Should  this  be  the  case,  you  will 
not  fail  to  advise  Mr.  Perry  to  make  it  clear  to  them  that,  in  the  opinion  of  the  President, 
that  course  W(nild  conflict  with  the  spirit  of  the  Constitution  of  the  United  States.  That  in- 
strument provides  but  one  way  for  the  admission  of  new  States  into  the  Union,  namely, 
through  the  agency  of  Congress.  The  third  section  of  the  fourth  article  of  the  Constitution 
says,  ex]jlicitly:  New  States  may  be  admitted  hy  the  Congress  into  this  Union. 

"He  should  also  say  to  the  Dominican  government  that,  iu  the  judgment  of  the  Presi- 
dent, it  is  clearly  for  the  interest  of  their  people  that  they  should  remain  for  the  present  iu 
the  condition  of  a  Territory.  You  will  represent  to  them  that,  under  our  forms  of  govern- 
ment, a  Territory  is  almost  as  complete  an  autonomy  as  a  St:\te.  It  is  true  that  the  gov- 
ernor and  some  of  the  other  functionaries  are  appointi'd  from  Wasliington,  but  the  legisla- 
tures and  tlie  mnnicipal  corporations,  which  are  the  true  depositaries  of  political  i)Ower,  are 
created  by  the  local  populations.  These  populations  are  entitled  to  be  represented  in  Con- 
gress V)y  a  delejfate,  who  sits  iu  that  body,  bn';  without  a  vote,  and  who  is  in  a  position  to 
give  to  their  interests  all  the  care  that  a  member  of  Congress  could  give  to  them.  This 
representation  will  be  open,  in  case  of  annexution,  to  ajiy  native  of  San  Domingo  upon 
wliom  tilt,'  voters  of  that  country  see  tit  to  confer  it.  J3ut  should  the  Dominican  Republic  be 
admitted  as  a  State,  this  right  would  cease.  To  be  a  member  of  the  Senate  of  the  United 
States  a  previous  citizenship  of  niiu;  years  is  necessary;  and  to  be  a  member  of  the  House 
of  Representatives  a  jirevious  citizenship  of  seven  years  is  necessary.  No  native  Domini- 
can, therefore,  who  has  not  been  several  years  a  citizen  of  the  United  States  could  be  a 
member  of  Ctmgre'ss  ;  and  it  is  (juite  likc^ly  that  these  responsible  offices,  with  their  import- 
ant duties,  would  fall  into  the  hands  of  <lesigning  adventurers,  with  no  [ireseiit  interest  in 
the  fortunes  of  the  island.  Such  a  result  could  not  but  be  injurious  botli  to  San  ])omingo 
iind  to  th(i  Uniteil  States  A  short  time  spent  nmler  the  miki  and  beiielii'eiit  sway  of  the 
United  States,  while,  it  will  give  stability  to  the  political  institutions  of  the  republic,  will 
qualify  its  citizens  to  become  legislators  for  the  great  American  Union. 

"  Mr.  I'erry  will  further  say  that  the  President  does  not  doubt  that  Congress  will  be  ready, 
when  tlie  jjiojii^r  time  shall  come,  and  at  no  distant  day,  to  admit  to  the  Union  as  a  Slat(^  the 
tenitory  ol   the  J>ominicaii  liepiiljlic,  should  the  [iroposed  treaty  be  executed  and  ratified. 

"  My  atti'iitiou  has  also  been  called  to  what  is  known  as  tin;  liartmont  loan,  and  1  am  in- 
formed that  the  holders  of  that  loan  will  claim  a  lien  on  Samana,  and  may  even  pretend  that 
the  lifii  is  iudep('iideiit  of  the  loan,  and  may  exist  after  its  ))aym(nl.  I  inclose  translations 
of  the  contracts  under  which  that  loan  was  etVecled,  which  contracts  were  published  in  the 
IJullefin  Official  of  Sei)teml)er  'J;'),  IH()!),  from  which  I  judge  that  the  first  claim  is  well 
founded,  and  that  the  latter  is  withotil  toundatiiui.  It  is  undi'istood  that  the  !)oiriinicnii  gov- 
eriMuent  has  received  fifty  thousand  pounds  on  account  of  the  loan  provided  tor  by  this  con- 
tract, and  only  fifty  thousand  potiiids.  If  any  more  has  liei'U  received  it  must  be  deducted 
fr(un  the  sum  of  one  million  five  hundred  lhon>and  dollars,  which  is  lobe  nauied  in  tlu!  treaty 
as  the  sum  to  be  paid  by  this  governineiit  to  that  of  San  Domingo,  and  Ihe  contract  or  '  treaty  ' 
with  Messrs.  Hartmont  A  Co.  must  b(!  duly  and  legally  canceleil  or  relintpiisheil  by  tiio 
liolders  before  Mr.  I'erry  signs  any  convention  or  tieaty  with  the  Dominican  government; 
and  he  is,  in  any  such  event,  to  i)r()vide  for  Ihe  enlire  release  of  Samana  from  any  and  every 
lien  or  claim,  in  ciu^e  any  mone^'  is  to  be  paid  by  the  U'nited  States. 

"There,  is  also  a  loan,  or  a  contem|)lated  loan,  known  as  the  liondon  loan.  My  informa- 
tion from  London  is  to  tin;  e  feet  that  this  has  failed.  Mr.  i'erry  should,  however,  ascertain 
this  fact,  and  make  sure  tiiat  if  any  j)art  of  it  is  outstanding  proper  provisions  are  made  for 


DAVIS    HATCH.  191 

retiring  tlic  whole  of  it.     All  the  subsciiptious  should  be  canceled,  aud  all  sums  paid  upon 
it  should  be  refunded. 

"Antieip;itiii>^  the  probable  execution  of  tiieso  instruments  the  Navy  Department  will 
receive  orders  from  the  President  to  place  at  your  disposal,  in  the  liarbor  of  San  Domingo, 
a  force  sufficient  to  eiuihle  the  United  States  to  comply  with  tiieir  agreement  in  tii(;  pr(ipose(l 
treaty  to  protect  the  Dominican  Republic  until  the  will  of  its  people  can  be  ascertained,  and 
also  to  receive  possession  of  the  territory  and  waters  leased  by  the  proposed  convention  to 
the  United  States. 

"As  to  the  former  object,  j'ou  will,  when  the  treaty  shall  be  executed,  point  out  to  the 
naval  officer  in  command  the  obligation  which  the  United  States  will  "have  assumed,  and 
will  leave  him  to  execute  it. 

"As  to  the  latter  object,  in  case  of  the  delivery  to  the  Dominican  Kepublic  of  the  one 
hundred  aud  tifty  thousand  dollars,  aud  the  execution  of  tlie  proposed  convention,  tiie  officer 
detailed  for  that  jiurpose  will  proceed  to  the  Bay  of  Samana,  and  will  there,  under  instruc- 
tions from  the  iV'avy  Department,  take  actual  possession  of  the  lands,  coasts,  islands,  waters, 
and  property  leased,  in  the  name  of  the  United  States,  whenever  it  shall  appear  that  the 
cession  of  the  sovereignty  and  the  dominions  of  the  republic  is  not  to  be  completed,  and  will 
give  pidilic  notice  that  the  occupation,  title,  and  jurisdiction  have  changed,  and  that  the 
United  States  will  not  respect  any  grants  or  concessions  made  by  the  Dominican  Republic 
within  the  bounds  of  the  territory  leased  subse(iuently  to  the  preliminary  arrangement  made 
in  September  last,  aud  that  thereafter  all  titles  must  be  derived  froui  the  United  States. 

"As  soon  as  possible  after  performing  these  several  duties,  the  President  desires  that  you 
will  return  to  the  United  States,  and  Mr.  Perry  will  hand  yoti  the  treaty  and  the  convention., 
if  executed  on  the  part  of  the  Dominican  Republic,  in  order  that  you  may  bring  them  here 
to  be  submitted  to  the  Senate  at  an  early  day.  If  it  be  possible,  it  is  much  to  be  desired 
that  the  autliority  from  that  government  to  its  agent  to  exchange  the  ratifications  at  Wash- 
ington should  also  accompany  you. 

"Although  the  treaty  allows  four  months  for  the  ascertainment  of  the  will  of  the  people 
of  San  Domingo  on  the  question  of  annexation  with  the  United  States,  it  is  thought  that 
the  expression  of  that  will  can  be  obtained  in  much  less  time,  aud  you  will  ask  Mr.  Perry 
to  urge  upon  the  government  there  this  view,  aud  induce  them,  if  possible,  to  obtain  the 
popular  expression  in  the  shortest  time  consistent  with  its  lair  determination. 

"  The  President  enjoins  that  the  fact  and  the  object  of  your  visit  to  J^an  Domingo,  as  well 
as  the  provisions  of  the  proposed  instruments,  shall  be  kept  a  secret  as  long  as  practicable. 

"  Your  necessary  personal  expenses,  while  awaiting  the  result  of  Mr.  Perry's  negotiations, 
and  while  carrying  out  the  President's  instructions  afterward,  will  be  borne  by  this  depart- 
ment, provided  that  you  keep  an  accurate  account  of  them,  supporting  the  same  with  vouch- 
ers when  practicable. 

"  lu  addition  to  the  papers  alreadj^  referred  to,  I  inclose  a  translation  of  an  official  state  < 
ment  of  the  debt  of  the  Dominican  Republic,  and  also  an  official  statement  of  the  grants 
and  concessions  already  made  by  that  republic,  with  a  translatioir  of  the  same ;  all  of  which 
yjapers  the  President  desires  to  have  officially  certified  as  true  and  correct  statements  under 
the  seal  of  that  republic.  I  also  inclose  an  official  statement  of  the  national  pio])erty  of  the 
republic,  with  a  translation  thereof,  which  will  serve  to  guide  Mr.  Perry  in  framing  the 
schedule  to  the  treaty,  and  also  to  aid  you  in  giving  the  directions  as  to  taking  possession. 
I  also  inclose  an  official  statement  of  the  population  of  the  republic. 

"You  will  find  herewith  a  sealed  letter  to  the  minister  of  foreign  relations  of  the  Domini- 
can Republic,  aud  open  copy  of  the  same. 

"  I  am,  sir,  respectfully,  your  obedient  servant, 

"  HAMILTON  FISH. 

"Brevet  Brigadier  General  OuviLLE  E.  Babcock." 


"  Official  statement  of  the  Dominican  concessions,  icith  a  translation  of  the  same. 

"LIST  OF  GRANTS  WIIICJI  HAVE  15EEN   MADE  I5Y  THE  GOVERNMENT  OF  THE  RKriBLIC  TO 
INDIVIDUALS  AND  COMPANIES. 

"  1.  Grant  made  to  Mr.  Davis  Hatch.  September  27,  1866,  fur  the  working  of  the  salt  mines 
in  the  parish  of  Neyba,  and  the  establishment  of  a  line  of  railway  from  the  coast  of  Barahima 
to  the  place  where  the  said  salt  mines  are  situated.     (Annulled.) 

"  2.  To  Mr.  J.  W.  Fabens,  for  geological  examination  and  general  mineralogical  work  m 
all  provinces  and  districts,  made  July  '.i,  I6ni.  This  examination  and  work  is  superintended 
by  Professor  W.  M.  Gabb,  of  Philadelphia,  as  chief  geologist. 

"  3.  The  agreement  held  with  Mr.  R.  M.  Funkhouser  on  the  7th  day  of  October,  I8G3,  for  the 
establishment  of  a  line  of  mail  steamers  between  the  ports  of  New  York  and  New  Orleans 
and  those  of  the  republic,  for  which  the  latter  will  pay  fifteen  per  cent,  of  the  import  and 
export  duties  on  merchaudise  conveyed  by  the  said  steamers. 

"4.  The  permit  grauted  to  Mr.  Pedro  A.  Delgado,  to  take  guano  from  Alta  Vela.  (Au- 
nullod  by  a  resolution  of  the  governmeut,  with  the  approval  of  the  senate.) 


192  DAVIS    IIATCIL 

"5.  The  prart  made  to  Mr.  Edward  Hartmont  on  the  1st  day  of  February  last,  for  the 
building:  of  a  railway  from  Monte  Cliristi  to  Santiago,  or  from  k^autiasi'o  to  Yuna,  for  which 
a  donation  of  lands  bordering  upon  the  road  will  be  made,  and  this  will  be  done  by  a  special 
grant. 

"  6.  Grant  made  to  Messrs.  Edward  Prime  and  Edward  P.  Hollister,  dated  the  4th  of  July 
last,  for  the  establishment  of  a  national  bank. 

"7.  To  Mr.  Edward  H.  Hartmont,  in  case  the  loan  of  £420,000  be  effected,  a  grant  for 
the  working  of  the  Samana  coal  mines. 

"grants  of  mixes. 

"  1.  To  the  Industrial  Improvement  Company,  to  work  a  copper  mine  in  the  district  of 
El  Cobre,  parish  of  San  Cristobal,  (St.  Cristopher.) 

"2.  A  grant  to  Mr.  W.  L.  Cazneau,  of  a  copper  mine  at  Mo*nte  Mateo,  in  the  district  of 
Cambila,  parish  of  San  Cristobal,  January  18,  ]8fi7. 

"  3.  A  grant  to  the  same  party  of  a  copper  mine  at  Mano  Malney,  district  of  Cambita,  parish 
of  San  Cristobal,  July  12,  IdtiT. 

"  4.  A  grant  to  the  same,  at  the  place  called  Loma  de  le  Boca  de  Diamante,  in  the  parish 
of  San  Cristobal,  July  12,  16G7. 

"  5.  A  grant  to  Messrs.  Cambiaso  «S:  Co.,  to  work  the  copper  mines  at  the  place  called  Boca 
de  Cuajo,  district  of  Medina,  Upper  Jaina,  jurisdiction  of  San  Crist6bal,  under  dateof  Octo- 
ber 24,  J8G7. 

"  There  are  other  grants  of  small  importance,  which  have  been  annulled  on  account  of  the 
failure  of  the  parties  who  received  them  to  fulfill  their  engagements. 

"M.  M.  GAUTIEK. 

"San  Domingo,  Septtmher  3,  18G9." 


"  Mr,  Fish  to  General  Babcock. 

*  ["Confldcntial.] 

"Depautmrnt  OF  State, 

"  fVashingtun,  November  6,1869. 

"Sir:  The  general  instructions  from  this  department  of  even  data  herewith  forbid  the 
conclusion  of  a  treaty  or  convention  unless  the  complete  abrt)gation  of  the  Hartmont  con- 
tract can  be  secured.  In  case  it  become >  neccessary,  you  may  read  that  part  of  the  gene- 
ral instructions  to  the  Dominican  govtrnment.  But  if  you  find  that  it  is  piactically  impos- 
sible to  secure  this  point,  you  will  not  let  this  prevent  the  conclusion  of  a  treaty  by  Mr. 
]*i'rry.  He  nnist  then  endeavor  to  secure  the  best  terms  possible  in  regard  to  that  contract ; 
and  if  he  finds  that  it  is  impossible  to  make  any  arrangements  about  it,  the  President  au- 
thorizes him,  nevertheless,  to  conclude  a  convention  and  treaty  in  which  the  Dominican 
Iiepulilic  shall  assiuiie  all  future  obligations  govving  out  of  the  contract,  and  shall  agree  to 
protect  the  United  States  against  the  same. 

"  I  am,  sir,  respectfully,  your  obedient  servant, 


"Brevet  Brigadier  General  Orvim.e  E.  Baikock,  ^-c." 


'  HAMILTON  FISH. 


"  Mr.  Fis/i  to  Mr.  Perry. 

"  Department  of  State, 

"  lyashiii^'ton,  Noteviber  6,  18()9. 
"  Sir  :  Herewith  you  will  receive  full  powers  from  the  President  to  conclude  with  the  Do- 
minican li'eimblic  a  treaty  for  the  cessions  of  the  doniiiuon  and  sovereignty  of  that  repub- 
lic to  the  Unitinl  States,  and  also  to  cnncludo  a  convention  with  that  ri'jtublic  for  tht^  lease 
(jf  ft  s])ecified  territory  about  Sumana  Bay  for  a  term  of  ninety-nine  years,  with  a  right  of 
purchase. 

"  Brevet  Brigadier  General  Orvillo  E.  ]>abcock  will  meet  you  at  San  Domingo,  with 
powers  from  the  President  to  direct  tiie  naval  forces  of  the  United  States  in  the  (execution  of 
any  agre('ments  which  may  b<!  made  with  tiie  Dominican  Iiepulilic  nmlci  these  powers,  and 
with  tlie  apjjroval  ot  General  Babcock. 

"It  is  iIk!  desire  of  the  Piesidenl  that  yon  should  confer  with  (ieneral  Babcock  in  every  sti'p 
of  these  negotiations,  and  to  be  governed  by  his  advice,  as  he  is  fully  possissed  of  the  views 
of  the  Picsident  on  tlie  sul>j(^ct. 

"  You  will  find  licrewitli  a  sealed  hitter  to  the  miuistL'r  of  foreign  rdatidns  of  the  Domini- 
can Kejiuirlic,  with  an  ojx'n  copy  of  the  same. 
"1  am,  sir,  ^■our  obeilient  servant, 

"HAMILTON  FISH. 
"  Kaym(»nd  H.  Perky, 

"  Cvvwicrcial  Ajicnt  at  San  Do)inni;o.'^ 


DAVIS  HATCH.  193 

"  3Tr.  Fish  to  Mr.  G'luticr. 

"Departmi'-nt  of  Stati:, 

"  IVosltiiiglun,  Nur.eitibcr  6,  18G9 
Sir  :  In  order  to  o;irry  out  tlie  understundinnf  that  was  iiifoniially  come  to  between  you 
aud  General  Babeock  in  September  last,  the  President  of  the  I'nited  States  has  empoweii  d 
Mr.  Raymond  H.  Perry,  the  coniinercial  a^ent  at  San  Domingo,  with  plenary  powers  lo 
conclude  with  the  Dominican  Republic  a  treaty  for  the  cession  ofihe  dominions  and  sover- 
eignty of  that  republic  to  the«Uuite,d  States,  and  also  (in  the  alternative)  a  convention  for 
the  lease  of  Samaria  and  the  adjacent  territory  to  the  United  Stales. 

''The  President  has  also  directed  General  Babcock,  in  consec|nence  of  hi~  familiarity  with 
the  suljject,  to  accompany  Mr.  Perry,  witbout  an  oflicial  character,  and  has  instructed  Mr. 
Perry  to  advise  with  him  i:i  the  negotiation.  It  is  proper  lo  add,  for  your  exceilency'.s  in- 
formation, that  the  laws  of  the  United  States  prevent  the  President  from  giving  to  General 
Uabcock  an  official  character  in  these  negotiations. 

"  I  avail  m^-self  of  this  occasion  to  ofter  to  your  excellency  the  assurance  of  my  most  dis- 
tinguished consideration. 

"HAMILTON  FISH. 
"To  his  Excellency  Manuel  Maria  Gautier, 

"  ihnistci-  of  Foreign  Ajj'airs  of  the  Dominican  Republic.'" 


"Mr.  Fis.'i  to  Mr.   Gautier. 

"Department  of  State, 

"  IVashiiigtoii,  Nutemher  6,  I8G9. 
"Sir:  General  Orville  E.  Babcock  is  fully  posses.°ed  of  the  President's  views  upon  the 
subject  of  the  negotiations  which  are  intrusted  to  the  official  care  of  Mr.  Raymond  H.  Perry, 
and  has  been  instructed  by  the  President  to  proceed  (as  an  officer  of  the  army  of  the  United 
States)  with  Mr.  Perry  to  San  Domingo,  for  the  purpose  of  acting  on  behalf  of  tiie  United 
States  when  the  treaty  and  convention  shall  be  executed,  should  they  be  concluded.  Mr. 
Perry  has  also  been  directed  to  confer  at  all  times  with  General  Babcock,  and  to  be  guided 
by  his  advice. 

"  Althougli  the  laws  of  the  United  States  have  prevented  the  President  from  giving  an 
official  position  to  General  Babcock,  it  is  hoped  that  your  excellency  will  confer  freely  with 
liim  in  these  negotiations. 

"I  avail  myself  of  tliis  occasion  to  offer  to  your  excellency  the  assurance  of  my  most  dis- 
tinguished cousideiation. 

"HAMILTON  FISH. 
"His  Excellency  Manuel  Maria  Gautier, 

"  Minister  of  Foreign  Affairs  of  the  Doiiiiiiican  Republic." 

Raymond  H.  Perry's  examination  resumed. 
By  Mr.  ScilURZ : 

Question.  I  saw  a  statement  in  the  New  York  Times  of  yesterday  to  the  effect  tliat  Mr. 
Smith  had  aided  you  in  concocting  the  ciunuiuuicaiion  you  addn\ssed  to  the  State  Depart- 
ment, under  date  of  .June  7,  187U.  Is  that  so? — Answer.  No,  sir.  Tiiat  comuiuuication 
was  all  finished  when  Mr.  Smith  arrived  here,  and  I  told  him  when  ho  arrived  that  I  had 
written  a  full  statement  of  twenty-.seveu  pages  to  the  State  Department;  and  Senator  How- 
ard can  also  prove  that  that  letter  was  all  written,  aud  that  ho  saw  it  in  my  room,  before 
this  investigation  commenced. 

Mr.  HoWA»!U.  I  cannot  swear  to  that. 

The  Witxfs.s.  Yiiu  asked  me  not  to  send  it  in  to  the  State  Department;  you  asked  me 
what  it  was  all  about,  and  you  told  me  you  were  going  around  to  see  the  President  then, 
and  would  make  me  all  right  with  the  President      Those  are  your  very  wor  Is. 

Mr.  Howard.  You  told  me  that  it  was  not  finished,     'i'iiat  is  what  you  said  to  me. 

'1  he  Witness.  I  told  you  that  I  had  written  a  full  statement  of  all  this  matter,  and  in- 
tended sending  it  in  to  the  State  Department  the  next  morning  . 

Mr.  Howard.  This  is  not  the  time  for  me  to  ask  you  as  to  that  matter. 

By  Mr.  ScnuRZ: 

Q.  Is  theie  anybody  else  who  made  any  suggestions  to  you  as  to  what  you  should  write 
or  should  not  write? — A.  No  one  else  that  I  know  of  I  can  swear  that  no  one  else  tried  to 
influence  me  in  my  correspondence  with  the  State  Department. 

Q.  So  you  say  that  that  communication  of  June  7,  IH7!»,  was  entirely  and  exclusively 
your  own  work  of  composition? — A.  Eutiiely.  1  have  taken  the  advice  of  no  one  since  I 
have  come  to  Washington. 

S.  Eep.  234 — -13 


194  DAVIS    HATCH. 

Q.  You  said  that  you  did  not  desire  to  be  sent  to  San  Domingo  ? — A.  Yes.  I  told  Secre- 
tary Fish  that  I  had  been  accustomed  to  a  life  of  activity,  one  that  reqiiired  nei ve  and  action, 
and  that  I  did  not  think  I  was  suited  to  the  place,  I  also  told  General  Dent  so  at  the  Execu- 
tive Mansion. 

Q.  You  say  in  your  statement  that  you  advised  the  State  Department  and  General  Bab- 
cock,  more  than  once,  of  the  bad  reputation  of  Caziieau,  t&c.  How  did  you  do  that? — A. 
By  written  communications. 

Q.  Have  all  the  communications  referring^  to  that  subject  been  laid  before  the  committee, 
or  are  there  any  back  ? — A.  There  are  some  back  yet. 

Q.  ^Vill  you  show  them  to  us  ? — A.  They  were  in  the  State  t)6partment  the  night  that  Mr. 
Fish  said  there  were  no  other  communiL-ations  on  the  subject. 

Q.  Read  those  communications. — A.  I  will  here  state  that  on  my  first  arrival  in  Wash- 
ington I  called  upon  President  Grant  and  Mr.  Fish,  the  Secretary  of  State,  and  also  upon 
Senator  Chandler  and  several  other  senators.  I  spuke  favorably  of  annexation,  in  favor  of 
the  i>!aud  being  annexed.  At  the  same  time  I  told  them  that  there  wore  a  great  many 
things  in  connection  with  annexation  that  should  be  cleared  up  before  the  island  was  an- 
nexed. I  also  stated  very  fully  to  Mr.  Fish  the  facts  connected  with  it.  He  asked  me  if  I 
would  write  a  full  report  in  relation  to  the  matter,  and  after  I  left  him  I  understood  there 
was  to  be  an  investigation  of  this  thing,  and  I  went  to  my  room  and  wrote  this  coaimunica- 
tion : 

"  ^YA.s^IXGTO^',  June  6,  1870. 

"  In  compliance  with  your  request  that  I  should  make  a  full  statement  of  facts  within 
my  knowledge" 

By  Mr.  Williams: 

Q.  Do  you  read  that  in  answer  to  the  question,  what  communications  you  made  iu  regard 
to  Mr.  Cazneau  ? — A.  Yes,  sir. 

Mr.  Williams.  Go  on. 

The  Witness,  (continuing. )  "Concerning  the  San  Domingo  treaty,  I  respectfully  reply  that 
since  my  arrival  in  Washington  I  have  thought  several  times  of  making  a  tliorough  disclosure 
of  parties  connected  with  the  San  Domingo  annexation,  and  nothing  but  the  reluctance  to  do 
or  to  say  anything  that  would  iufluence  the  Senate  in  opposing  the  ratitication  of  the  treaty, 
and  niy  regaid  lor  the  reputation  of  one  diiectly  connected  with  the  President,  has  pre- 
vented me  doing  so.  I  am  and  iiave  been  from  the  first  strongly  in  favor  of  anne.\atiou, 
and  have  looked  forward  with  pleasure  to  the  time  when  the  stars  and  stripes  would  wave 
over  the  most  beautiful  island  in  the  world,  with  its  bays,  &c.  I  have  opposed  all  violation 
of  the  tieaty  in  San  Domingo,  and  have  thereby  created  an  ill  feeling  toward  me  by  the 
Dominican  government  and  some  Americans,  principally  by  President  Baez  and  Gaiitier, 
his  secretary  of  state,  who  look  to  the  interests  of  their  friends.  I  decline  to  meutiou  fur- 
ther nanies  and  further  facts  till  such  investigation  be  begun. 
"  Verv  respectfully,  your  obedient  servant, 

"llAYMOND  II.  PERRY. 

"  Hon.  Hamilton  Fish, 

"  Secretary  of  Slate,  Jf'uslii)i<rto>i,  D.  C" 

By  Mr.  Fekuy  : 

Q.  Is  tliere  any  answer  to  tliat  from  Mr  Fish  ? — A.  Yes,  sir. 
Q.  Read  it  iu  that  connection.— A.  It  is  as  follows  : 

"Department  of  State, 

^' ll'aii/iiugtun,  June  (j,  1S70. 

"Sill:  Your  communication  of  even  date  is  received. 

"The  cliarpe,  which  you  made  verbally  to  me,  was  a  specific  one  against  a  gentleman 
whom  you  referred  to  by  name.  My  request  was  that  you  should  reduce  that  spicific 
charge  to  writing,  in  order  that  it  might  be  presented  to  tlio  President,  as  the  subject  of 
such  inquiry  as  he  might  tliink  proper  to  institute. 

"I  find  that  your  ((juimunication  not  only  fnils  to  d<i  so,  but  that  you  now  'decline  to 
menti(>n  names  and  facts.'  ]  am,  tJierefore,  forced  to  regard  the  i)articular  charges,  which 
you  so  made,  as  now  withdrawn. 

"  I  am,  sir, 30ur  obedient  servant, 

"JIAMILTON  FISH. 
"Raymond  H.  I'kuky,  Esq.. 

"  U.  S.  Voiiimcrcial  Agent,  St/ii  Dowiiigo,  noia  in  Washingtun.'''' 

As  soon  as  I  received  that  I  immediately  connncnced  the  other  cnunnunication. 

Mr.  Sciiriiz: 
Q.  What  cliarpe  is  lliere  referred  to  as  having  been  made  personally  to  Mr.  Fish  7 — .\.  I 
had  complained  of  General  JJiibcock  as  being  mixed  up  witii  Cazneau  and  Faluns  in  their 
concessions,  and  that  correspondence  had  been  curried  on  from  the  Executive  Mansion  with 


DAVIS    HATCH.  195 

those  parties  in  San  Doming^o,  and  I  also  spoke  of  the  acts  of  our  naval  ships,  committed 
since  wo  had  been  there,  protectinn^  Baez  from  the  citizens  of  San  Domin<jo. 

Q.  Are  there  any  coiiininnications  tliat  you  sent  to  the  State  Department,  previous  to  your 
return  from  San  Dominj^o,  which  have  not  been  communicated  to  us  ? — A.  Several ;  but 
perhaps  Mr.  Fish  does  not  think  tlicy  refer  directly  to  this  subject. 

Q.  I  mean  referring  to  Cazneau  and  those  people. — A.  I  spoke  of  them  in  nearly  every 
communication  I  wrote  since  I  found  out  what  their  character  was. 

Q.  Did  you  not  write  a  confidential  letter  to  Secretary  Fish  about  that?— A.  Yes,  sir. 

Q.  Has  that  letter  been  laid  before  the  committee  .' — A.  I  think  so. 

Q.  You  said  in  your  statement  that  General  Babcock,  when  you  w(;ut  to  San  Domingo, 
gave  you  letters  of  introduction  to  Cazneau  and  Fabens.  Do  you  remember  that  General 
Babcock  in  his  testimony  said  that  he  had  cautioned  you  against  Cazneau  especially,  or 
stated  that  he  had  received  some  information  unfavorable  to  Cazneau  from  the  State  D(pnt- 
ment.  and  communicated  that  information  to  you — is  that  so? — A..  I  will  state  frankly  that 
on  the  contrary  General  Babcock  has  always  spoken  in  the  highest  terms  of  General  Caz- 
neau, even  in  Ids  last  conununication  to  me. 

Q.  When  lie  delivered  this  letter  of  introduction  to  3'ou,  did  he  at  the  same  time  caution 
you  against  Cazneau? — A.  No,  sir ;  he  introduced  me  to  hiui  as  a  special  friend  and  as  a 
gentleman' who  had  large  interests  in  tlie  island. 

By  Mr.  WiLLi.\MS : 

Q.  Do  you  say  positively  that  General  Babcock  did  not  inform  you  that  Secretary  Fish 
had  told  him  that  he  had  not  much  confidence  in  Mr.  Cazneau  ? — A.  Not  a  word  of  that 
kind  was  mentioned. 

Q,  He  stated  here  that  he  told  you  personally  that  Jie  knew  nothing  against  Cazneau ; 
that  as  far  as  he  knew  Mr.  Cazneau  was  a  gentleman,  but  that  he  told  you  that  Secretary 
Fish  had  informed  him  ho  had  not  much  contidence  in  him.  You  say  there  was  no  such 
conversation  ? — A.  I  would  swear  that  no  such  conversation  took  place. 

By  Mr.  SCHURZ : 

Q.  You  say  you  were  advised  by  General  Babcock  and  General  Ingalls  to  speak  encour- 
agingly with  regard  to  the  treaty  and  to  mix  no  personal  matters  in  your  official  communi- 
cations?— A.  Yes,  sir. 

Q.  Have  you  communicated  all  the  letters  with  reference  to  that  subject  ?  — A.  I  have  a 
letter  from  General  Ingalls,  and  also  my  reply. 

Q.  Let  us  have  them. — A.  General  Ingalls's  letter  is  dated  March  31,  1870. 

Q.  Is  that  the  same  date  with  General  13abcock's  letter  ? — A.  No  ;  there  is  one  day's  dif- 
ference.    General  Babcock's  letter  was  dated  the  30th,  and  this  was  the  31st,  of  March. 

By  Mr.  Vickers  : 

Q.  Where  was  it  written  from  ? — A.  General  Ingalls's  from  New  York ;  General  Babcock's 
from  Washington. 

By  Mr.  ScilURZ  : 
Q.  Read  General  Ingalls's  letter. — A.  It  is  : 

"De.4R  Perry:  If  the  same  people  v,-ho  made  our  cigars  will  make  five  thousand  more 
(Landres)  for  me,  and  you  can  send  them  to  this  harbor  by  some  friendly  officer  on  board 
any  vessel  coming  here,  I  will  thank  you  to  give  the  order.  I  wish  theui  made  with  the 
greatest  possible  care.  Those  I  had  made  cost  me  fifteen  dollars  per  thousand,  cigar  boxes 
included. 

"  Babcock  sends  letters  to  yourself  and  Fabens.  If  the  Tybee  does  not  touch  at  Samana, 
Fabens's  letter  must  be  given  to  General  Cazneau.     Please  see  to  it. 

"The  Senate  has  been  debating  the  treaty  pretty  sharply,  but  it  will  be  confirmed  shortly. 
,  The  treaty  jci/i  be  raufied.  The  people  must  have  patience.  The  .subject  was  rather  new 
\here  among  the  politicians,  and  they  recjuire  time  for  information.  Be  careful  to  cultivate 
'^the  idea  of  final  annexation.    Do  not  write   speak,  or  think  otherwise. 

S     "  Be  careful  to  mix  no  private  or  unofficial  letters  in  your  official  correspondence.     Be 
'encouraging  in  all  your  letters. 

"Give  my  respects  to  all  my  friends  in  San  Domingo.     I  Iteartily  wish  for  their  pros- 
perity, and  that  can  bo  infiQitely  promoted  by  annexation. 
"In  haste,  &c., 

"  RUFUS  INGALLS. 
"New  York,  March  31,  1870." 

Q.  Had  you  mixed  with  official  matters  in  your  official  correspondence  any  personal 
matter? — A.  Nothing,  except  where  it  referred  to  parties  acquiring  property  and  concessions 
on  the  island. 

Q.  Cazneau  and  others  ? — A.  I  have  never  made  any  personal  remarks  iu  any  way  but 
what  I  thought  concerned  the  financial  interests  of  the  two  countries. 


196  DAVIS    HATCH. 

Q.  What  was  the  reply  to  that  letter? — A.  This  was  uot  writteu  officially  ;  it  is  a  letter  to 
General  Iiigalls: 

"San  DoMixr.o  City,  April  15,  ]870. 

"My  Drar  Siu  :  Your  kiud  note  of  March  31  was  received  by  the  Tybee,  and  I  reply 
by  return  steamer. 

"I  am  aware  the  Senate  have  had  some  sharp  debates  in  re2;ard  to  a:inexation.  I  can 
assure  yon  that  durinjr  my  stay  in  San  Doming^o  I  have  exerted  every  effort  to  aid  the 
cause  I  also  have  endeavored  to  hasten  Pre>ident  Baez  in  his  movemen's.  and  have  sug- 
g^ested  plans  for  arousing  the  people  to  action.  But  there  is  no  use  in  disguisins:  the  fact 
that  Baez  and  his  cahinet  have  been  exceedingly  timid  as  regards  the  good  faith  of  our  gov- 
ernment, and  lost  the  first  forty  days'  time  listening  to  the  advice  of  others. 

'■  I  can  safely  assert  that  I  have  never  mingled  private  and  official  affairs  in  my  official 
correspondence  with  the  department  save  where  it  affected  the  interests  of  my  government. 
Unbiased  by  friends  or  foes,  I  have  endeavored,  while  occupying  this  position,  to  keep  one 
undeviating  line  of  duty.  I  shall  not  hesitate  from  motives  of  personal  prudence  to  expose 
any  intrigues  against  the  interests  of  my  government.  Such  I  consider  the  oidy  real  course 
lor  me  to  take  ;  ai  d  if  others  involved  in  the  San  Domingo  question  had  adopted  this  Hue 
of  conduct,  I  think  there  would  uot  have  been  so  much  difficulty  in  securing  the  ratification 
of  tiie  treaty. 

"With  kind  regards  to  all  mutual  friends,  lam,  very  respectfully,  your  obedient  ser- 
vant, 

"RAYMOND  H.  PERRY. 

"  General  RUFUS  Ingalls." 

Q.   Is  that  all  the  correspondence  you  have  had  with  General  Ingalls  ? — A.  I  have  since 
received  a  letter  from  General  Ingalls. 
Q.  Produce  that. — A.  It  is  as  follows  : 

"Nf.w  York  City, 
"  117  Jl'cst  Thirteenth  street,  June  18,  1870. 

"My  Dear  Sii::    1  have  heard  that  you  have  recently  made  official  use  of  a  private 

letter" 

I  have  made  no  official  use  of  it. 

"  which  you  stated  I  had  writteu  to  you. 

"Such  action  on  the  ]  art  nf  a  eentleman  surprises  me  greatly,  and  must  have  been 
brought  about  by  some  very  unusual  cause.  As  our  relations  have  been  of  the  most  private, 
brief  character,  not  unfriend!}',  1  have  to  ask  you  to  send  me  a  copy  of  the  letter  referred  to, 
if  not  the  oiiginal.  I  desite  simply  to  see  whether  or  not  my  conduct,  so  far  as  you  and 
San  D<iniingu  affairs  are  coiiccmed,  can  be  cimstrued  as  obnoxious  to  criticism  prejudicial 
to  me.  Please  send  it  to  the  Arlington  House,  where  1  shall  be  during  the  day  to-morrow. 
"Your  obedient  servant, 

"  RUFUS  INGALLS. 
"To  Raymond  H.  Pkrry, 

"  United  States  Cummcrcial  Agent,  San  Domingo,  llillard's  Hotel,  ll'ashington." 

By  Mr.  Howard: 

Q.  Had  you  any  interview  with  Mr.  Smith,  cx-rommercial  agent,  before  you  delivered  to 
iho  State  Dejiariment  your  letter  of  the  7th  of  June? — A.  Ihat  communication  was  all 
writ'en  and  lying  on  tlit^  table  in  my  room 

Q.  'I'lie  rpic-linn  is  wlicthcr  you  h;id  a»iy  intercourse,  or  interview,  with  him  before  3(m 
delivered  the  paper  to  the  de])Hrtment? — A.  Yes,  sir;  anil  I  kcjit  it  back  Ironi  the'  dejjart- 
nient  r>n  your  advice  and  request. 

Q.  I  do  not  ask  ynu  as  to  tluit  now  ;   I  will  come  to  lliat  directly.     You   had  had  coi 
ences  with  Mr.  Su.ith  7 — A.  Yes,  sir. 

Q.  After  30U  had  written  that  letter,  di<l  Mr.  Smith  look  it  over? — A.   I  read  jiarfs  of  it 
Mr.  Siniih. 

(^.  I  hold  the  original  now  in  my  hand.  Arc  there  not  interlineations  there  in  llii!  hund- 
wriiing  of  Mr.  Sndth?— A.    Not  one. 

Q.  Are  you  sure? — A.  Yes,  sir;  I  will  swear  to  it.  Mr.  Siuilh  has  not  touched  a  pen  to 
tlie  paper  in  any  way. 

Q.  In  whose  hHn(ivvrititig  is  the  interliiie.ation  of  the  words,  "or  rather  tho  people"? — A. 
I  do  not  kmiw,  unless  it  is  that  of  tho  cleik  who  copied  it.  I  can  produce  tlio  clerk  who 
made,  tho  copy. 

(^.   You  do  not  know  whoap  handwriting  it  is  in  ?  —  A.   I  do  not. 

(,}.  'riieic  i.s  anotlirjr  interliiKsaiion  of  the  word  "cqinilly."  In  whose  liandwriting  is 
that?  —  A.    I  presume  those  coniH-lions  were  nuide  liy  the  co|i\ist. 

Q.   Is  that  in  the  handwriting  of  the  copyist?  —  A.    I  think  it  is. 

Q.  Then,  on  another  page,  the  word  "them"  is  wiitten  over  an  erasure.     Do  you  know 


ifcr- 
to 


DAVIS   HATCH.  197 

in  whose  hiindvvritiiifi:  tluit  is  ?  — xV.  I  think  tliivt  was  also    writtou  by   the  copyist.      Mr. 
Smith  has  not  touch(Hl  pen  to  the  paper. 

Q.  Who  was  tlie  copyist  ? — A.  A  man  over  the  office  of  Colonel  Putter,  the  jiavmaster. 

Q.  There  is  anoilier  interlineation  «n  another  paj^e,  of  the  words  "protection  of  the."  In 
whose  handwriting  is  that? — A.    I  tiiink  that  is  the  copyist's. 

Q.  And  apjaiu,  the  word  "taken"  on  another  page? — A.  I  think  that  is  the  hand- 
writing of  the  copyist. 

Q.  In  another  phrce  the  word  "  Fabeus  "  is  interlined.  Do  you  say  the  same  of  this  inter- 
lineation '! — A,  I  think  so. 

Q.  Are  none  of  ihcse  interlineations  in  the  handwriting  of  Mr.  Smith? — A.  I  do  not  swear 
that  they  are  not,  but  I  say  almost  positively  tliat  I  know  they  are  not. 

Q    You  do  not  tliink  they  are  ?  —  A.   I  do  not. 

Q.  There  is  the  word  "posted"  interlined  on  another  page.  Do  you  think  that  is  in  the 
liandwritiug  of  the  copyist? — A.  I  am  very  positive  it  is,  but  even  if  it  was,  those  little  sen- 
tences do  not  affect  the  meaning  of  the  communication. 

Q.  In  another  place  the  words  "  and  a  dishonest  man"  are  interlined.  In  whose  hand- 
writing are  those  words  ? — A.  I  have  told  you  that  I  think  all  those  interlineatiuus  are  in  the 
handwriting  of  the  copyist. 

Q.  And  not  in  the  handwriting  of  Mr.  Smith?— A.  I  think  so.  Mr.  Smith  has  not  been 
consulted  in  regard  to  that.     The  whole  thing  was  written  when  he  came  here. 

Q.  The  word  "grant"  is  interlined  in  another  place.  In  whose  handwriting  is  that ?  — 
A.  Mine. 

Q.  The  closing  paragraph  of  the  letter  is  in  your  handwriting,  is  it  not? — A.  Yes,  sir. 

Q.  You  spoke  of  my  calling  upon  you  in  your  room.  Do  you  recollect  the  date  of  that 
call?— A.  I  do. 

Q.  What  was  it? — A.  The  evening  of  the  day  this  committee  was  appointed. 

Q.  Was  it  not  before  you  were  examined  as  a  witness  ? — A.  Y'es,  sir. 

Q.  The  evening  before  ? — A.    Yes,  sir. 

Q.  Did  I  not,  when  I  called  at  your  room  at  Willard's  Hotel,  say  to  you  that  your  pres- 
ence, as  a  witness,  would  be  necessary  the  next  day  before  the  committee,  and  give  you  the 
hour? — A.  I  had  already  received  a  note  from  Senator  Nye  to  that  eifect. 

Q.  Did  I  not  tell  you  so? — A.  You  asked  if  I  had  received  any  information  as  to  coming 
before  the  conmiittee. 

Q.  W^hen  I  came  into  your  room  did  I  not  give  you  the  time  when  you  would  be  wanted  ? — 
A.  You  spoke  of  the  investigation.     I  do  not  remember  that  you  mentioned  the  time. 

Q.  Did  I  not  say  to  you  there  and  then  that  there  was  in  Mr.  Hatch's  memorial  a  state- 
ment in  which,  as  I  thought,  you  iiad  some  interest,  and  that  your  attention  would  be  par- 
ticularly called  to  it;  and  that  was,  that  the  non-release  of  Hatch,  as  he  thought,  was  in 
consequence  of  your  arrival  in  San  Domingo  1 — A    Yes,  sir. 

Q.  Did  I  not  state  to  you  that  you  would  be  called  as  a  witness,  and  I  should  want  to 
ask  you  particularly  about  that  ? — A.    Yes,  sir. 

Q.  Did  I  not  intimate  to  you  that  in  my  opinion  that  was  a  mistake  on  the  part  of  Hatch 
in  imputing  to  you  or  your  arrival  his  non-release? — A.  I  think  you  did. 

Q.  Your  table  was  then  covered  with  papers,  written,  as  I  thought,  in  pencil,  many  of 
them  ? — A.  They  were  all  written  in  ink. 

Q.  No  matter  about  that;  there  were  sheets  of  paper  on  the  table,  and  you  appeared  to  be 
engaged  in  writing  a  letter  which  you  said  you  were  intending  to  send  to  the  Secretary  of 
State  ?— A.  Yes,  sir ;  and  here  is  the  one  you  saw  there  that  evening. 

Q  I  merely  saw  the  sheets  on  the  table,  and  asked  you  what  was  the  character  of  the 
letter  which  you  were  writing;  ami  did  I  not  suggest  to  you  that  perhaps  you  had  better 
suspend  the  finishing  of  that  letter  until  you  miglit  receive  further  instructions  from  the 
Secretary  of  State? — A.  No,  sir. 

Q.  Are  you  sure  of  that  ? — A.  Yea,  sir. 

Q.  Do  you  state  that  under  your  oath  ? — A.  Yes,  sir. 

Mr.  Howard.  I  can  oidy  state  to  the  committee  that  I  did  make  that  suggestion  to  him 
myself,  in  those  words. 

Tl:e  WlTNES-S.  Y'ou  said  to  me,  "You  nuist  not  think  of  presenting  that  paper  to  the 
State  Department;"  those  were  your  very  words. 

Mr.  HoWAKD.  What  I  said  was,  "You  had  better  suspend  the  finishing  of  that  letter 
until  you  hear  from  the  Secretary  of  State  :"  and  I  said  further,  "  So  far  as  I  ca'i  see,  now, 
I  cannot  understand  what  beneficial  result  will  be  obtained  from  the  wiiting  of  that  letter, 
as  you  are  to  be  examined  at  length  before  the  committee." 

The  WiTNicss.  There  is  the  card  you  sent  to  my  room  that  evening,  (producing  a  card 
with  the  words  "  Senator  Howard  "  on  it.)  and  this  i.s  the  memorandum  I  made  ou  the  back 
of  it:  "June  8,  pron)ised  to  make  mo  all  right  with  the  President  if  I  wmild  not  send  my 
report  in  to  the  State  Department,  lie  was  then  on  his  wa}'  to  President's."  Thiit  is  the 
memorandum  I  made  on  the  buck  of  your  card,  and  those  were  your  words. 

Mr.  Howard.  I  can  only  say  those  were  not  uiy  words  and  do  not  convey  my  idea  as 
expressed  to  Mr.  Perry. 

The  WiTXK&P.  Then  tliere  is  a  falsehood  between  us  ? 


198  DAVIS    HATCH. 

Mr.  Howard.  Yes,  if  you  choose  to  liave  it  so. 

Mr.  VicKERS.  Not  necessarily  ;  only  a  misconception. 

The  Witness.  Did  you  not  say  that  you  were  on  your  way  to  the  President's  and  would 
make  me  all  rijjht  with  the  President  ? 

Mr.  Howard.  I  did  not  tell  you  I  would  make  you  all  rig-ht  with  the  President.  I  was 
on  my  way  to  see  General  Babcock.  I  ma}'  have  said  that  I  was  on  my  way  to  the  Presi- 
dent's, but  not  to  see  the  President.     1  did  not  see  the  President. 

By  Mr.  SciuiRZ: 

Q.  Mr.  Perry,  you  say  in  your  statement  that  you  had  a  conversation  with  Mr.  Fabens  ou 
the  way  down,    n  the  course  of  which  he  spoko  unfavorably  about  Mr.  Hatch  ? — A.  Yes,  sir. 

Q  Mr.  Fabens  denies  that.  Will  you  give  us  the  particulars  as  far  as  you  remember 
them  ?—  A.  He  spoke  of  Hatch's  case,  and  said  he  was  interfering  with  annexation,  and  also 
that  he  was  interfering  with  plans  that  were  going  ou  upon  the  island.  Colonel  Fabens  and 
myself  walked  on  the  hun  icane  deck  very  often  after  dinner,  perhaps  every  day.  He  was 
constantly  speaking  of  the  opportunities  I  would  have  there  of  making  money,  &.C.;  and 
that  he  would  indorse  me,  and  that  his  friend  General  Cazneau  would  indorse  me.  He 
represented  the  immense  sums  that  Cazneau  had.  He  also  expressed  a  wish  that  I  would 
nut  intercede  in  behalf  of  Mr,  Hatch. 

Q.  Are  your  recollections  with  regard  to  those  conversations  quite  distinct? — A.  Very 
distinct  ;  for  I  have  been  very  careful  since  I  arrived  here. 

Q.  You  are  sure  you  do  not  make  a  mistake? — A.   I  am  sure;  I  swear  to  it. 

Q.  You  say,  in  your  staiement,  "General  Babcock  often  told  me  I  must  stand  by  Caz- 
neau and  Fabens,  and  advise  with  them  ;  that  they  represented  large  interests  on  the  island, 
and  that  he  had  interests  with  them."  When  did  those  conversations  occur? — A.  He  inti- 
mated the  same  thing  to  me  when  he  gave  me  letters  of  introduction  to  them  in  Washington, 
and  almost  his  last  words  when  he  went  on  the  steamer  Albany  to  Samana  were,  that  I  must 
stand  by  those  men  ;  that  they  were  good  men  to  advise  with  ;  and  he  also  spoke  of  having- 
interests  witli  them,  and  that  they  had  large  interests  ou  the  island. 

Q.  Are  your  recollections  quite  distinct  in  regard  to  that  point? — A.  Perfectly  so;  and 
he  also  spoke  of  taking  Fabens  to  Samaua  Bay.  which  I  have  not  stated  in  this  communi- 
cation. He  stated  that  he  was  going  to  leave  Fabens  at  Samana  to  look  after  the  flag,  «Stc., 
there.     I  have  imt  stated  that  in  the  communication,  l)ut  such  is  the  tact. 

Q.  You  say  that  General  Babcock  told  you,  at  San  Domingo,  that  you  must  not  attempt 
to  release  Mr.  Hatch;  that  lie  would  work  against  annexation,  and  was  an  enemy  to 
Fabens.  Cazneau,  &c.  ? — A.  Yes,  sir. 

Q  Do  you  reatfirni  that  statement  here,  in  the  presence  of  General  liabcock  and  this  com- 
.mittee  ? — A.  I  do. 

Q.  Are  your  recollections  quite  distinct  in  regard  to  that? — A.  Perfectly  so. 

Q.  You  stated,  in  your  counnuiiication,  that  jieople  from  Samana  complained  to  you  of 
Mr.  Fabens  receiving  lumber  ami  goods  free  of  duty,  and  underselling  them? — A.   Yes,  sir. 

Q.  Give  us  the  particulars  of  that,  as  far  as  you  remember. — A.  They  were  given  me  on 
my  way  through.  I  also  received  a  letter  on  the  subject,  which  I  have  here  written  in 
French. 

Q.  Let  us  see  that  letter. — A.  (Producing  a  letter.)  It  is  from  a  merchant  at  Samana.  I 
have  also  conversed  with  citizens  there. 

Q.  Was  the  letter  translated  to  you  ? — A.  It  was  translated.     I  think  it  i.-;  in  French. 

Q.  (Taking  the  letter. )  Yes,  it  is  in  I'rench.  Does  the  letter  toiu'h  this  point? — A.  It 
does. 

The  Chairman.  I  suppose  it  liad  better  ho  read. 

Mr.  SciliiRZ.   Is  it  satisfactory  to  the  cunniiittee  that  I  sIkuiKI  translate  it? 

The  Chairman.  Ceitainly. 

Jlr.  ScillR/,  translated  tin;  letter,  as  follows: 

"Sam\na,  April  12,  1870. 

"Mr.  CoNSLM, :  On  thci  second  clay  of  our  trip  we  arrived  at  Samami.  I  must  tell  you 
that  the  captain  of  the  Bibb,  Mr.  Hobeit  I'iatt,  has  been  very  kind  to  me.  1  was  attacked 
by  a  burning  fever  on  board,  and  he  has  neglecti;d  nothing  to  give  mo  all  the  care  whidi 
my  situation  demanded.  I  am  also  veiy  grateful  to  him  for  all  the  goodiuiss  he  has  had  for 
me.  And  I  thank  you  very  sincerely  for  the  eminent  service  which  you  liavo  rendered  mo 
ill  making  known  to  me  this  worthy  oflicer  of  the  American  marine  and  in  prociu'ing  me  a 
passage  on  boaul  the  liilib. 

"Saniana  is  in  the  eejoyment  of  perfect  rpii(;t.  The  population  is  perfectly  tranquil.  It 
is  necessary  that  the  American  genius  should  give  a  little  .soul  and  vigor  to  this  sleeping 
corpse." 

"  Mr  y  "  <*  »  1  pusses  here  as  the  indispensable  man  for  the  situation.  Ho  has  on 
the,  islatr]  a  great  depot  of  huildinj.'  Inudxr,  for  which  ht^  has  seemed  a  passage;  through  thci 
CHslom-liouHc  H«  property  of  tlie  United  Slates,  and,  in  consecjuenee,  wiihont  paying  duty. 
The  delegate  officer  of  the  government,  Mr.  A  *     *     ',  aflirms   that  this   buiUliiig  lumber 


DAVIS    HATCH.  199 

belonj.'^s  certainly  to  Mr.  Fabcns,  or  nt  least  to  the  company  of  tlio  Tyhce,  of  which  he  is  the 
agent.  Ho  declares  this  fact  in  a  manner  so  positive  tliat  it  is  impossible  to  doubt,  and  as 
for  the  rest,  lie  sells  these  thin<xs  to  persons  who  want  to  buy  them. 

"Mr.  p.  »  *  *  *  has  built  also  a  very  nice  house,  situated,  so  to  say,  opposite  the 
little  city  of  Samana.  It  stands  at  the  toot  of  a  hill,  which  is  very  fertile  and  of  a  very- 
picturesque  aspect.  All  this  is  the  property  of  Mr  Fabens  durinp^  his  life,  if  I  am  well 
informed.  A  few  days  apco,  Mr.  Fabens  has  received  from  the  minister  of  the  interior,  of 
the  Dominican  government,  G  *  *  *  *,  a  letter,  by  which  the  latter  instructs  him  to  go 
to  San  Domingo  in  order  to  leave  on  a  diplomatic  mission  to  the  United  States.  According 
to  Mr.  A.  he  at  tirst  refused  to  yield  to  that  invitation,  inasmuch  as  he  vvanted  to  go  from 
here  direct  to  Washington,  where  great  interests  are  to  be  solved,  as  he  says,  which  call  him 
immediately.  However,  it  appears  that  he  has  decided  otherwise,  and,  by  the  version  which 
he  has  given  me,  the  Tybee  is  to  carry  him  to  San  Domingo,  from  where  he  will  go  to 
the  United  States.  This  would  make  me  believe  that  his  relations  with  the  local  authorities 
are  very  intimate,  and  very  little  disinterested.  I  believe,  therefore,  that  you  must  expect  to 
see  him  very  soon  in  San  Domingo. 

"  You  seem  to  have  some  donbts  as  to  the  success  of  annexation.  Mr.  Fabens  has  none  at 
all  in  this  respect.  He  says  tliat  he  is  possessor  of  a  letter  which  has  been  addressed  to  him  by 
Mr.  Sumner,  which  permits  him  to  expect,  a  very  liivorable  solution  of  this  question.  On  the 
other  hand  Mr.  Fabens  speaks  of  secret  engagements  taken  by  Mr  jj,****'*^  secretary  of 
President  Grant,  which  would  go  to  assure  annexation  Take  good  notice  of  this  informa- 
tion, which  may  serve  to  enlighten  you.  If  I  might  believe  a  report,  which  might  almost  be 
called  ofificinl,  Mr.  Fabens  is  a  man  of  violent  and  insatiable  greed.  It  is  affirmed  to  me  that 
he  has  addressed  a  petition  to  the  ayuntamiento  of  this  place  to  demand  forever  the  lease  of 
a  certain  quantity  of  lands  in  the  neighborhood  of  Sauiaiia.  This  demand  has  been  made  by 
Jlr.  Fabens  as  the  representative  of  Mr.  Sullivan,  the  latter  citizen  enjoying  a  great  credit 
and  extreme  confidence  of  the  United  States,  and  especially  with  President  Grant.  This  peti- 
tion has  been  immediately  accepted,  and  the  lease  has  been  made  to  him  as  the  representative 
of  Mr.  Sullivan. 

"I  cannot  understand  what  the  idea  of  Mr.  Fabens  can  have  been  in  acting  thus,  but  I 
can  assure  you  that  Mr.  Sullivan  was  mortified  by  this  scandalous  act,  and  he  has  demanded  an 
account  of  him.  Mr.  Fabens  at  first  denied  it,  but  when  it  was  said  to  biQi  that  he  would 
furnish  him  oflficial  proofs  of  this  misconduct  he  avowed  it ;  but  he  has  given  us  a  pretext 
that  he  had  acted  thus  iu  order  to  ariive  more  easily  at  his  ends. 

"Then  Mr.  Sullivan  said  to  him  that  he  had  never  authorized  him  to  use  his  name  ;  but 
since  he  had  done  it  he  desired  to  have  that  land.  Mr.  Fabens  refused,  and  Mr.  SuUivaa 
declared  to  him  that  he  woitld  make  a  protest  after  his  arrival  in  the  United  States  ;  and  that 
he  would  find  means  to  force  him  to  remain  within  the  limits  of  right  and  reason.  It  was 
Mr.  A.  *  *  *  *  who  was  charged  with  the  prosecution  of  this  affair.  I  am  assured  that  Mr. 
Fabens  has  insinuated  to  the  Americans  who  live  here  since  the  time  of  Boyer  that  he  is 
governor  of  Samana.  Mr.  A.,  when  informed  of  this  circumstance,  sent  to  Mr.  Fabens  the 
poor  devils,  whenever  they  were  in  difficulty.  Finally,  when  drfven  into  his  last  iiitrench- 
nients  and  unable  to  dupe  anybody  any  longer,  this  ambitious  man  saw  himself  obliged  to 
send  them  back  to  the  office  of  the  alcalde.  But,  devcuned  by  the  anient  stimulant  of  the 
passion  of  authority  and  burning  with  the  desire  to  surround  himself  with  power,  even  if 
that  power  should  be  fictitious  and  ouly  fit  to  content  his  appetites,  it  is  pretended  that  Mr. 
Fabens  has  pushed  his  monomania  even  to  the  point  of  adaiiitiug  that  some  of  his  partisans 
spoke  of  uniting  the  people  of  this  district  iu  general  assemblies,  in  order  to  secure  him  the 
realization  of  the  dream  of  his  predtlection.  What  would  the  vote  of  these  assemblies,  com- 
posed exclusively  of  Dominicans,  have  signified  ?  Was  the  cession  of  Samana  up  to  this 
time  made  in  an  official  form,  by  virtue  of  what  Liw  would  such  an  expression  of  the  senti- 
ments of  the  population  have  been  obtained?  What  would  an  authority,  obttiined  in  so 
singular  and  comical  a  way,  have  amounted  to?  Very  happily,  in  time,  wisdom  and  rea- 
son have  enlightened  him,  and  this  droll  project  has  been  abandoned. 

"They  tell  here  a  thousaud  other  anecdotes  all  equally  as  anuising  as  this  which  I  have 
just  related  to  you,  but  it  is  enough  for  to-day.  In  another  correspondence  I  will  give  them 
to  you  if  they  can  amuse  you  in  any  way.  In  any  case,  if  Mr.  Fabens  comes  to  the  United 
States,  as  I  have  no  doubt  he  will,  you  may  be  sure  that  he  will  return  to  Saiuana  invested 
with  the  title  of  conmiercial  agent.  I  must  conclude,  from  the  present  situation  of  affairs, 
that  my  chances  arc  very  slight.  In  any  case  required  on  my  account,  the  ambition  does 
not  spur  me  enough  iu  my  heart  to  induce  me  to  do  a  mean  thing.  Being  an  adopted  son 
of  the  glorious  Star  Spangled  Banner,  I  shall  never  stain  the  honorable  title  of  a  citizen  of 
the  United  States. 

"  The  arrival  of  the  Tybee  prevents  ine  from  writing  more  extensively.  It  is  four  o'clock 
in  the  morning  and  this  mameut  the  Tybee  tires  its  gun. 

"  I  am,  Mr.  Consul,  your  humble  and  obedient  servant, 

"  J.  L.  MARIA. 

"Eaymond  H.  Perry, 

"  Consul  United  States  of  Amcrica.^^ 


:200  DAVIS    HATCH. 

Q.  The  letter  refers  to  your  having  procured  the  writer  a  passage  on  board  the  Bibb  ;  did 
you  get  him  a  passagr-"  ?  —  .\.  I  sf)  'ke  to  the  eaptiin  who  was  going  to  Sauiana  at  the  time 
and  asknd  him  it'  he  could  take  this  gentleman  up  with  him. 

Q.   Who  did  you  understand  was  meant  in  the  letter  by  Mr.  F ? — A.  Mr.  Fabens. 

I  never  saw  this  gcntltman  till  the  day  before  the  Bibb  sailed;  when  became  to  ask  me  if 
I  could  get  him  a  pa<sage  to  Samana,  I  told  him  I  could  ;  and  as  hs  was  going  away  I 
asked  him  to  wriie  me  any  news  he  had  at  Samana,  as  I  was  interested  in  hearing  what  was 
going  on  at  Samana.     He  wrote  me  this  letter. 

Q.  Who  is  the  Mr.  A.  referred  to  in  it  ? — A.  I  do  not  remember.  I  never  answered  the 
-letter. 

By  Mr.  Howard  : 

Q.  Did  you  know  the  writer? — A.  He  was  no  fiiend  of  mine.  I  never  heard  of  him  be- 
fore, and  I  never  answered  his  letter. 

By  the  Chairman  : 

Q.  You  got  a  passage  for  him,  though  ? — A.   I  Avould  get  a  passage  for  any  stranger. 

Q  Did  you  see  him  before  he  got  itf  —  A.  He  came  to  my  house.  This  naval  officer  was 
dining  with  me  that  aftcrncon,  and  I  asked  him  about  taking  him  up  to  Samana. 

Q.  What  does  he  mean,  do  you  know,  in  his  e.xpression  in  the  letter  that  he  was  afraid 
that  his  chance  was  very  slim;  do  you  know  to  what  that  had  reference  ? — A.  No,  sir. 

By  Mr.  ScnuRZ : 

Q.  He  speaks  of  Fabens  coming  back  as  commercial  agent,  and  says,  in  that  connection, 
that  his  own  chanci  s  were  slim  ;  do  you  know  wiiat  he  meant? — A.  He  had  no  chance  of 
being  commercial  agent. 

By  the  Chairman  : 
Q.  Do  you  know  what  he  referred  to  in  that  letter,  when  he  said  his  chances  were  slim?  — 
A.  I  do  not ;  I  never  heard  his  name  mentioned  for  any  posiiion,  or  his  applying  for  an3'. 

By  Mr.  Howard: 

Q.  State  whether  you  ever  knew  the  writer. — A.  I  saw  him  in  Samana  as  I  came  through, 
and  told  liim  I  had  not  answered  his  letter,  and  did  not  wisli  to  carry  on  a  correspondence. 

Q.  Where  does  he  resile  and  carry  on  business? — A,  He  is  a  merchant  at  Samana, and 
has  a  store  there.      He  is  a  Frenchman. 

By  the  Chairman  : 

Q.  You  told  the  committee,  by  way  of  introduction  to  the  reading  of  the  letter,  that  you 
requested  tlie  writer  to  keep  you  advised  of  what  was  being  done  at  Samana? — A.  I  did. 
Q.  Did  you  make  that  request  of  an  entire  stranger  ? — A.  I  did. 

By  Mr.  Schur/  : 
Q.  Hid  l:e  itiirodnced  himself  to  you  as  an  American   citizen? — A.   He  told  me  ho   had 
American  p:ipers,  and  represented  himself  as  a  merchant  at  Samana. 

By  the  CHAIRMAN  : 

Q.  Is  that  all  you  know  in  regard  to  Mr.  Fabens  selling  goods  there  ? — A.  No,  sir.  I  also 
had  it  from  two  Ametican  citizens  there  from  the  State  of  Maine.  I  Imve  their  names  and 
the  circunistances  connected  witii  the  atVair.  I  liad  an  interview  with  tliein  at  Samana  as  I 
came  througii. 

By  Mr.  SrHURZ : 

Q.  Give  us  their  names. — .\.  I'l'iijamiu  Bower  and  Captain  Kowe,  from  Rockland, 
Maine. 

Junk  if),  1870— 7i  o'clock  p.   in. 

Raymond  H.   I'KitRV's  exumination  continued. 
By  Mr.  Sciil.RZ: 

Question.  You  said  .Momething  about  C'ii]>lain  Bnnce  iiaving  been  sent  to  Puerto  Plata  for 
the  fiurpose  of  watching  there  a  revolutionary  outbreak  which  seems  to  liave  I)cen  threat- 
ened. (Jiv(r  US  ilie  [larticulais  of  that  ail'air.  —  Answer.  PrcHideiit  Baez  told  Admiral  Poor 
in  my  [jrcscnci — I  always  called  upon  liie  I'residcnt  with  Adniirsii  I'oor  whenever  the 
admiral  made  his  calls — that  there  was  an  atl(Miipt  at  revolution  at  Pui'rio  Plata  ;  an  attempt 
on  the  part  of  the  I'3n;.MiNh  and  (ierman  merchants,  enconnigi-d  by  thi^  JCnglish  consul, 
'i  heodo'c  Farrintr'on.  y\diiiinil  Poor  immeiliaiely  dispatched  Oaplain  Bunce,  of  the  Nan- 
tasket.  to  go  to  Puerto  J'lafa  and  infjuirc^  into  the  facts  oi"  tlie  case.  Captain  ]5unce  went  off 
there  and  had  a  forres|iornleiic(!  with  Fariington,  copies  of  which  I  have,  threatening  to  firo 
upon  the  town  in  case  of  any  ouihreak.  'i'liere  was  a  distnrb.'ince  lliete,  and  a  great  nuiny 
n)en  were  anesfed  ;  hut  all  that  were,  arrested  were  DominieauM — ofllcers  in  the  army  and 
Doujinican  citizei:.s.  Captain  Biniee  returned  to  Huh  Domingo  City,  stated  the  facts  to 
Admiral  Poor,  and  Admiial  Poor  went  wilh  me  and  called  on  President  Buez  again.      Then 


DAVIS    HATCH.  201 

President  Baez  told  Admiral  Poor,  in  my  presence,  that  the  admiral  liiid  inisiuider.stood  liim, 
that  lie  liad  not  made  any  such  statements. 

Q.  Have  you  reason  to  su|)pose  that  the  revolutionary  movement  there  was  intended  and 
commenced  l)y  Dominicans  and  not  by  the  fureifjn  merchants? — A.  Yes,  sir;  it  was  by  Do- 
minicans in  the  army.     Officers  in  the  Dominican  army  started  it. 

Q.  Tliere  is  somethiupj  in  your  communication  and  also  in  ycnir  testimony  about  certain 
conversations  you  had  with  Don  Carlos  Haez  and  other  senators  coucerninj:^  g^rants.  State 
to  US  the  circumstances  under  which  those  persons  came  to  you  and  gave  y(m  your  iuforma- 
tion. — A.  The  first  information  I  had  of  the  grant  before  the  senate  to  Cazneau  for  those 
two  hundred  thousand  acres  for  emigration  purposes,  and  the  one  mile  on  each  side  of  the  rail- 
road from  San  Domirgo  City  to  Azua,  was  given  to  Mr.  Piime  in  his  bank  one  morning  by 
Don  Carlos  Baez,  a  n  ember  of  the  senate  and  a  general  in  the  army  of  President  Baez.  He 
stated  to  Mr.  Prime,  giving  him  a  memorandum,  that  such  grants  were  before  the  Senate, 
and  that  they  were  in  violation  of  the  treaty;  and,  unless  some  stop  were  put  to  them,  Caz- 
neau— he  mentioned  Cazneau  in  particular — would  be  in  possessioi>  of  all  the  public  lauds  of 
the  island  ;  and  he  said  he  wanted  me  to  protest  against  it.  I  have  a  memorandum  in  my 
book  of  the  whole  thing. 

Q.  Read  the  memorandum. — A.  This  memorandum  Don  Carlos  Baez  gave  to  Mr.  Prime, 
wlio  alterward  handed  it  to  me  : 

"  Cazneau  presented  petition  to  senate  April  29,  approved  by  Gautier,  secretary  of 
state,  for  introducing  emigrants,  next  two  years  two  thousand  emigrants — five  hundred  for 
the  province  of  San  Domingo,  the  balance  for  the  frontiers  ;  one  hundred  acres  to  each  emi- 
grant -  the  emigration  to  continue  for  two  years.  Cazneau  reserves  to  himself  the  right  to 
govern,  administrate,  and  hold  entire  control  of  these  lands.  These  emigrants  not  to  be 
Dominicans— to  be  consequently  under  his  control.  Cazneau  to  be  the  absolute  owner  of  any 
mines  discovered  or  existing  in  these  lands.  Cazneau  presented  this  same  petition  to  Cabral, 
which  was  not  acted  upon." 

By  the  Chairman  : 

Q.  What  was  the  date  of  the  presentation  of  that  petition? — A.  April  29,  1870. 

By  Mr.  ScilURZ : 

Q.  Did  you  take  down  that  memorandum  immediately  after  your  conversation  with  those 
persons? — A.  Immediately  after  ;  and  then  I  called  on  the  president  of  the  senate,  Pedro 
Garcia,  and  one  other  member,  and  they  also  asked  me  if  I  would  not  protest  against  these 
things.  They  said  that  Baez  and  Gautier  were  approving  them,  and  they  did  not  dare  to 
take  any  side  against  them  unless  I  would  take  a  lead  in  the  matter. 

By  Mr.  Williams  : 
Q.  Did  you  make  that  memorandum  the  day  the  conversation  occurred  ? — A.  I  did. 
Q.  Then  and  there  ? — A.  Yes,  sir. 

Q.  For  what  purpose? — A.  To  protest  against  graiits  and  concessions.     I  thought  it  was  a 
violation  of  the  treaty. 
Q.  Was  that  all  the  object  you  had  in  view  ? — A.  The  only  object. 

By  Mr.  ScniRZ: 

Q.  I  wish  to  ask  you  a  question  in  regard  to  a  matter  in  which  General  Babcock's  testi- 
mony is  in  conflict  with  yours,  and  that  is  your  conversation  with  General  Babcock  on  the 
3Uth  of  May,  at  the  Executive  Mansion.  You  have  already  said  in  your  previous  testimony, 
referring  to  the  30th  of  May — "  I  met  General  Babcock  on  that  morning  at  ten  o'clock,  or  a 
little  after  ten.  We  were  speaking  about  one  matter  or  airother — about  San  Domingo  ;  and 
he  said  that  it  was  a  great  pity  that  I  had  had  that  man  Hatch  released.  I  told  hnn  that  I 
had  direct  orders  from  the  State  Department  to  secure  his  release.  Then  he  said  I  could 
not  help  it,  having  received  those  orders  ;  but  it  was  a  mistake,  and  that  the  Piesident  was 
very  much  displeased  about  it."  Now  will  you  give  all  the  particulars  about  that  matter, 
because  it  is  a  very  important  point  in  the  case.  Tell  us  whether  your  recollections  in  regard 
to  that  particular  conversation  are  quite  distinct? — A.  Perfectly  so. 

Q.  Did  General  Babcock  express  himself  substantially  in  those  words  .' — A.  He  did.  I 
can  repeat  the  exact  words  if  you  wish. 

Q.  Please  do  so. 

The  Chairman.  If  it  is  simply  a  repetition  it  is  not  worth  wliile  to  load  the  record  with  it. 

The  Witness.  It  is  the  very  same  words. 

By  Mr.  SciuiRZ  : 

Q.  Did  he  say  anything  further  ? — A.  He  did  not  say  anything  further;  and  one  reason 
why  I  wrote  this  full  account  to  the  State  Department  was  that  I  had  had  a  conversation 
with  the  President  the  day  before,  and  he  told  me  that  I  did  perfectly  right  in  protesting 
against  grants. 

Q.  So  that,  on  full  consideration,  you  affirm  j-our  testimony  as  to  your  conversation  with 
General  Babcock  on  that  occasion,  in  relation  to  Mr.  Hatch's  case  ? — A.  I  do. 


202  DAVIS    HATCH. 

Q.  Yon  said  tbat  Minister  Gantier  asked  you  to  liave  the  matter  of  the  release  of  Mr. 
Hatch  referred  back  to  the  government  of  the  United  States.  Was  that  after  you  told  him 
that  you  had  received  instructions  from  the  State  Department  to  use  your  good  offices  to 
procure  the  release  of  Mr.  Hatch  ? — A.  Yes,  sir ;  it  was  after  that.  I  took  that  order  to 
Gautier  and  read  it  to  him  and  President  Baez  in  the  presence  of  Mr.  Delnionte.  He 
■wanted  to  refer  it  back  again  to  Washington,  but  I  told  him  it  would  take  too  long;  it 
would  take  at  least  two  months  to  get  an  answer. 

Q.  I  understand  you  have  two  letters  from  General  Babcock,  which  you  desire  to  present. 
— A.  Yes,  sir. 

Q.  What  are  their  dates? — A.  I  will  read  them.     They  are  as  follows  : 

"Executive  Mansion, 
"  iraf:hi)Ujton,  D.  C,  October  28,  1809. 
"  My  Dear  Major  :  I  send  by  to-day's  express  a  box  marked  to  you  and  marked  '  Books  ' 
in  the  corner.     May  I  trouble  you  on  reaching  San  Domingo  City  to  send  the  box  to  Mr.  M. 
Gautier,  secretary  of  state,  &c.,  and  also  ask  you  to  send  the  two  accompanying  letters.     I 
send  3'ou,  also,  a  letter  to  my  friend  General  W.  L.  Cazneau,  who,  I  am  sui"e,  you  will  be 
pleased  to  know.     Wishing  you  all  success, 
"  I  am  your  obedient  servant, 

"0.  E.  BABCOCK. 
"R.  H.  Perky,  S^-c,  ^S'c" 

"  United  States  Steamer  Alrany, 

'^Harbor  Sa7i  Domingo,  November  18,  1869. 
"My  Dear  Major:  The  bearer  of  this  goes  to  invite  you  to  go  off  and  to  ask  you  to  go 
with  him  to  oifer  President  Baez  a  national  salute   for  his  country.     I  shall  be  pleased  to 
have  you  return  with  the  bearer  and  bring  Colonel  Fabens  with  you. 

Should  President  Baez  or  his  cabinet  ask  you  if  I  am  on  board  the  Albany,  tell  them  you 
suppose  I  am;   but  should  they  not  ask  you,  you  need  not  mention  the  matter. 
"I  am,  very  trulv,  your  obedient  servant, 

"O.  E.  BABCOCK. 
"R.  H.  Perry,  .y-c,  is-c." 

Those  are  the  only  two  letters  bearing  on  those  men. 

]}y  Mr.  H()V\'ai{I)  : 

Q.  Do  you  recollect  that  I  produced  this  morning  your  original  letter  to  the  SeeretHry  of 
State,  dated  .June  7,  187(1.  and  that  I  left  the  letter  by  accident  when  the  committee  ad- 
journed upon  the  table;  did  you  carry  it  away  ? — A.  I  did. 

Q.   What  authority  did  you  have  for  carrying  it  away? — A.  None  at  all. 

Q.  How,  then,  did  it  happen  that  you  carried  it  away? — A.  By  mere  accident.  I  had  all 
my  papers  here  where  I  am  now  sitting,  at  the  cornerof  the  table  alongside  of  you.  The  gen- 
tleman sitting  at  the  desk,  Mr.  Burclio,  picked  up  the  paper,  and  I  thought  it  was 
one  of  my  papers.  I  have  been  very  anxious  and  particular  about  my  papers,  because 
some  of  them  relate  directly  to  this  matter,  and  I  cannot  do  without  them.  I  told  him  it 
was  one  of  my  papers,  and  I  thought  at  the  time  it  was,  and  I  put  it  among  the  others. 

Q.  You  were  waited  u|)on  in  the  course  of  the  afternoon  by  tlie  messenger  of  this  com- 
mittee, Mr.  Boyd,  with  a  note  from  Mr.  Burche  asking  you  to  send  back  the  letter,  wore  you 
uot? — A.  I  was  waited  upon  first  by  one  gentleman,  and  afterward  liy  another. 

Q.  My  question  is,  were  you  waited  upon  by  him  ? — A.   Yes,  sir. 

Q.  What  reply  did  you  make  to  him  ? — .\.  I  told  him  I  did  not  think  I  had  any  such 
paper,  and  I  whs  surpiised  at  the  note. 

Q.  Did  you  look  over  your  bundle  ? — A.  I  did. 

Q.  Did  you  hand  that  letter  to  Boyd  from  your  bundle?— A.  I  asked  him  if  that  was  tlio 
letter. 

Q.  What  reply  did  lie  make?— A.  Tie  told  mo  he  thought  it  was. 

Q.  Did  you  hand  it  to  him  ? — A.  Yes,  sir. 

By  the  Ciiaikivian  : 

Q.  Did  you  not  sec  the  mark  of  the  Stad'  Dcparlnient  upon  it  .' — A.  I  did  then  ;  but  at 
the  time  I  look  it  from  the  table  I  did  not  notice  that  mark. 

By  Mr.  Howard: 

Q.  Did  you  take  that  letter  away  from  Mr.  Boyd  before  he  left  the  room,  and  hand  it  to 
another  person? — A.   Yes,  sir. 

(^.  Why  did  yon  do  that  ? — A.  Because  tlint  other  gentleman  came  with  the  first  order  for 
it,  and  I  thotiglitthe  first  order  ought  to  have  it. 

By  the  ClIAIIlMAN  : 
Q.  Had  he  made  his  errand  known  before  Mr.  Boyil  got  there  ? — A.  That  first  gentleman 
had,  and  I  told  him  I  was  surprised  at  the  note.     I  did.not  understand  it.      I  was  very  busy 


DAVIS    HATCH.  203 

in  my  room  and  sat  down  to  write  a  reply  to  tlic  note,  for  I  did  not  think  I  could  lisive  made 
a  mistake  in  taking'  the  paper.  Pretty  soon  lliii;  other  peutlemati  canie  in  witii  a  note  lor  the 
same  paper,  and  1  junijjed  np  at  once  and  hooked  at  my  bundle,  and  finding  it  I  came  to  the 
conclusion  that  I  siiould  follow  theiule  "  fust  come,  first  served." 

Q.  You  knew  that  you  took  it  from  the  table  in  tins  room,  and  yon  knew  it  was  tlie  paper 
I  had  been  using  at  the  session  of  the  connuittee  this  morning.  Wliy  did  you  not  return  it 
to  my  messenger,  Mr.  Boyd,  who  was  sent  for  it  at  my  request  by  Mr.  Burcho  ? — A.  1  stated 
to  the  two  gentlemen  present,  "  I  want  to  do  what  is  fair  about  this  tiling;  liere  you  two 
gentlemen  are  with  an  order  for  the  same  paper,"  and  I  said  "I  think  it  is  nothing  more 
than  fair  that  I  should  give  it  to  the  iirst  one  who  came  for  it." 

By  Mr.  Howard  : 

Q.  Did  you  not  know  that  I  liad  produced  the  paper  before  the  committee  this  morning  ? — 
A.  I  knew  you  bad  produced  it. 

Q.  You  knew  tliat  because  I  had  it  in  my  hand  and  examined  you  in  regard  to  interlinea- 
tions in  it  ? — A.  Yes,  sir. 

Q.  Then  on  what  authority  did  you  deliver  that  paper  to  another  person  ? — A.  Because 
that  person  came  with  the  first  order,  and  it  was  from  a  senator. 

Q.  Did  yon  not  know  that  it  was  proper  to  deliver  the  paper  to  the  person  who  came  from 
me  ? — A.  I  asked  those  two  gentlemen  to  decide  between  themselves  vvliich  one  sliould 
take  it. 

By  tlie  Chairman  : 

Q.  You  said  that  you  gave  it  to  Mr.  Boyd,  and  then  took  it  away  from  liim  and  gave  it  to 
the  otlier  man.  Why  did  you  do  that? — A.  I  did  not  really  take  it  away  ;  there  was  no 
force  about  it.  I  merely  said,  "I  do  not  think  it  is  fair  that  1  should  give  this  paper  to  you, 
but  I  think  the  first  gentleman  who  came  for  it  should  have  it."  1  gave  it  to  the  person 
who  came  with  the  first  order. 

Mr.  ScHUK/..  Will  the  chairman  permit  me  to  make  a  statement  about  tliis  matter? 

Mr.  Howard.  I  have  not  got  through  ;  I  wish  Mr.  Burche  to  be  examined. 

John  C.  Burche  sworn  and  examined. 

By  Mr.  Howard  : 

Question.  Are  you  acting  as  the  clerk  of  this  committee? — A.  Yes,  sir. 

Q.  Do  you  recollect  the  circumstance  that  occurred  this  morning  in  regard  to  a  letter 
which  I  produced  before  the  committee,  dated  7th  June,  instant,  written  by  Mr.  Perry  and 
stamped  with  tlse  stamp  of  the  State  Dej)artment  ? — A.  Generally,  when  the  comuiittee  ad- 
journs, I  gather  up  the  papers  and  lock  them  up.  Gathering  them  up  this  morning  1  ob- 
served a  paper  on  the  table  tied  with  red  tape.  General  Schurz  was  in  the  room  and  I  took 
it  up  and  asked  him,  "General,  is  that  your  paper?"  He  said  "No.'^  Mr.  Byington  was 
standing  here,  and  then  I  said  to  him,  "  It  must  be  General  Ferry's  ;"  and  I  as-ked  him  it  he 
knew  anything  about  it.  He  said,  "  No  ;  but  if  you  will  open  it  I  will  tell  you."  I  opened 
it  and  we  looked  at  it ;  and  he  said  at  once,  "  It  is  not  General  Ferry's."  I  observed  a  blue 
mark  upon  it  and  Mr.  Perry  stepped  forward  and  said,  "  I  think  it  is  my  paper.  "  Being 
anxious  to  go  up  to  the  Senate  Chamber  I  asked  him,  "  Is  that  yoirr  paper  ?  "  and  he  said, 
"  Yes."     He  had  a  large  bundle  and  I  gave  it  into  his  hands. 

Q.  Did  you  call  his  attention  to  the  mark  on  it  ? — A.  I  said,  "  I  think  this  is  a  State  De- 
partment paper,  for  I  see  the  stamp  on  it;"  but  I  was  in  a  great  hurry.  Mr.  Byington  stood 
alongside;  Mr.  Boyd  was  at  the  door,  and  I  immediately  went  up  stairs. 

By  Mr.  Ferry  : 

Q.  Was  the  large  bundle  of  papers  belonging  to  Mr.  Perry  which  he  now  has  before  hiui 
here  at  the  time  ? — A.  1  think  so. 

Q.  And  he  was  gathering  his  papers  together? — A.  Yes,  sir. 

Q.  And  this  paper  was  lying  near  where  his  papers  were? — A.  It  was  lying  on  the  table 
not  far  from  the  corner  where  he  was. 

By  Mr.  Howard  : 

Q.  You  called  his  attention  to  the  departmental  stamp  upon  it  ? — A.  I  think  I  called  his 
attention  to  that. 

By  Mr.  ScHURZ  : 

Q.  Are  you  sure  of  that  ? — A.  I  would  not  be  sure  of  it;  but  I  think  so  from  the  fact  that 
I  opened  it  and  the  first  thing  that  struck  my  attention  was  this  stamp.  1  did  not  have  my 
glasses  on  and  could  not  see  very  distinctly.  I  may  not  have  known  exactly  what  it  was 
at  tlie  time,  but  I  have  observed  since. 

By  Mr.  Howard: 

Q.  After  he  tlius  saw  the  stamp  did  he  claim  that  that  paper  was  his  ? — A.  I  asked  him  if 
he  thought  that  paper  was  his,  and  he  said,  "Yes,"  and  took  it.  I  did  not  know  at  the 
time  whether  it  was  his  or  belonged  to  the  committee. 


204  DAVIS    HATCH. 

By  the  Chairmax  : 

Q.  Did  I  request  vou  to  write  a  letter  to  Mr.  Perry  on  the  subject? — A.  Yes,  sir. 

Q.  Asking  the  return  of  the  paper  ? — A.  Yes,  sir. 

Q.  Did  you  write  it  ?— A.   I  did. 

Q.  Who  carried  it? — A.  Mr.  Boyd,  the  messenger  at  the  door.  He  brout^ht  it  back,  and 
here  it  is. 

Mr.  SCHL'RZ.  I  desire  to  make  a  statement  in  re^^ard  to  this  matter.  My  attention  was 
called  to  it  in  the  Senate  Chamber  by  Senator  Ferry,  who  informed  me  that  Senator  Howard 
had  told  him  that  Mr.  PeiTy  had  carried  ofT  his  statement  of  the  7th  of  June,  which  had 
been  used  by  Senator  Howard,  and  from  the  way  in  which  Senator  Ferry  explained  the  mat- 
ter to  me,  I  came  to  the  conclusion  that  there  was  some  suspicion  attached  to  the  action  of 
Mr.  Perry  on  the  part  of  Senator  Howard.  I  then  said  at  once  to  Senator  Ferry  that  if 
that  was  true,  of  course  it  was  necessary  that  Mr.  Perry  should  deliver  up  that  packagje  of 
papers  immediately.  Senator  Fen'y  sat  down  and  wrote  a  note  to  Mr  Perry,  not  knowing 
that  from  this  office  a  message  had  been  sent  to  Mr.  Perry.  I  had  no  information  about  that 
at  all. 

Mr  Howard.  Tt  had  not  then  been  sent.  It  was  some  time  after  that,  probably,  that  my 
messensrer,  Mr.  Boyd,  was  sent. 

Mr.  ScHfRZ.  We  shall  see.  Not  knowing  that,  and  seeing  the  clerk  of  the  Committee 
on  Foreign  Relations,  Mr.  Holmes,  standing  on  the  floor  of  the  Senate,  I  said  to  Mr.  Holmes 
that  I  desired  him  to  carry  a  note  to  Wiliard's  Hotel,  for  the  purpose  of  getting  certain 
papers  Senator  Ferry  wrote  the  note  and  Mr.  Holmes  carried  it  and  came  back  again  in  a 
very  short  time  with  this  paper.  I  saw,  also,  Mr.  Byington  on  the  floor  of  the  Senate,  and 
knowing  that  Mr.  Byington  had  been  here  in  this  room  when  I  left  it,  and  when,  as 
I  remembered,  nobody  was  here  except  Mr.  Perry,  Mr.  Burche,  and  Mr.  Byington, 
I  asked  Mr.  Byington  whether  he  knew  anything  about  that  matter,  and  he  said  he 
did.  I  asked  him. to  stay  this  evening  for  the  purpose  of  testifying  in  the  case,  should 
a  question  be  raised  about  it.  He  said  to  me  that  it  was  absolutely  necessary  for  him  to 
leave  for  home  to-night,  but  he  would  sit  down  and  under  the  oath  which  he  had  taken  this 
morning  give  a  statement  of  what  he  remembered  of  the  facts  ;  and  here  is  his  statement. 
I  can  testify  to  his  signature  myself  because  I  saw  him  sign  it.     Shall  I  read  it? 

The  Chairman.  Certainly. 

Mr.  ScilURZ.   His  statement  is  : 

"  Wasiiinoton,  June  16,  1870. 
"  The  facts  within  my  knowledge  concerning  the  copy  of  Mr.  Perry's  report,  taken  by 
him  this  murning  from  the  coinmittee-room,  are  as  as  follows: 

'•The  cleric  of  tlie  special  committee  to  investigate  the  matter  of  Davis  Hatch  handed  mo 
a  roll  of  mainiscript,  saying  it  belonged  to  Mr.  Ferry.  I  oflered  to  carry  it  to  Mr.  Ferry 
wiio  had  just  gone  to  the  Semite  Chamber.  The  clerk  unrolled  it,  to  be  sure  of  its  charac- 
ter, when  Mr.  Perry,  who  was  standing  by  packing  up  his  papers,  remarked,  '  That  is  my 
report;'  and  it  was  passed  throiigli  my  hands  from  the  clerk  to  Mr.  Perry,  when  I  passed 
out. 

"Tills  statement  I  make  in  writing,  on  account  of  being  obliged  to  leave  the  city  before  the 
evening  .session  of  the  committee,  under  the  obligation  of  my  oath  taken  this  morning. 
"Respectfully, 

"A.  11.  BYINGTON." 

The  Chairman.  Then  it  seems  he  knew  what  it  was. 

Mr.  SciiL'RZ.  Certainly.  As  to  what  happened  at  the  hotel,  Mr.  Holmes  is  in  the  room  of 
the  Conimitte(!  on  Foreign  Relations  thi.s  evening  and  can  be  hero  at  any  moment  to  give  his 
testimony  in  reganl  to  that. 

a.  II.  Pfrry.  I  should  like  to  .state,  sir,  that  my  attention  was  not  called  to  any  blue 
inarlt  on  the  document.  I  would  swear  to  that.  I  mistook  the  paper  for  mv  report,  the  orig- 
inal of  wliiih  I  had  in  m^'  pocket  at  the  time.  I  sup|)osod  at  the  moment  I  inid  taken  it  out 
of  my  pocket  and  left  it  <in  the  table,  and  that  was  the  cause  of  the  mistake. 

Q.  (  By  Mr.  IIowMtn.)  Was  yoms  done  iij)  in  red  tape  ? — A.  Ki-d  tape  was  attached  to  it. 

(•l-  Had  your  copy  which  you  speak  of  a  piece  of  red  tajie  around  it .' — A.  No,  sir  ;  there 
vva.s  not  red  tape  about  that  at  the  lim(^ 

Oi;oi{<.:;  B<)^I>  sworn  and  exainiiied. 

P.y  Mr.  HoWAKl) : 

Question.  Did  you  carry  a  note  from  Mr.  IJiirche,  cleri?  ol'  llli.^  cnnmiltec,  to  Willard'ii 
Hotel  to  Mr.  I'crry  } — Answer.   Yes,  sir. 

Q  Stale  to  till!  coniinittee  what  occurred. — A.  I  went  to  the  office  at  Wiliard's  and  in- 
qiiiied  if  Mr.  Perry  was  in  his  room.  They  tuld  mo  yes.  I  asked  lliein  to  send  somebody 
up  to  show  me  which  room  it  wa^.  Thej*  sent  a  colored  man  up  witli  me.  I  knocked  at 
the  door,  and  Mr.  Perry  came  to  the  door  and  let  me  in.  I  found  Mr.  Perry  in  there  with  a 
young  gentleman  wIkhh  I  did  not  know  at  the  lime.     'I'lie  two  were  in  the  room.     I  handed 


DAVIS    HATCH.  205 

to  Mr.  Periy  Mr.  Burclie's  letter,  ami  wliile  lie  wiis  reading  it  I  ex]ilaiiieil  to  Liiii  what  it 
was,  and  suid  to  liim,  "  Mr.  Burolie  Las  jjiveii  siicli  a  iiiiiiuto  dcscriplinn  of  that  paper  ihat 
if  you  will  open  tluit  biuidlc  of  yours  which  you  took  away  tlrs  moruiup;'  I  think  I  can  point 
it  out."  The  bundle  was  lyiuj^  on  the  bed,  tied  up  iu  about  the  same  way  a.s  it  was  when 
he  took  it  away  this  morning.  He  went  to  the  bundle  and  untied  it,  and  1  stood  alonj^side. 
The  nioineut  ho  to<ik  out  this  paper  I  saw  the  mark  of  the  iSiate  Department  on  it.  I  un- 
denstood  Mr.  Burclie  to  tell  me  that  the  mark  was  of  the  Navy  Department.  The  moment  I 
saw  the  mark  I  siud,  "  There  is  the  staaip  upon  it."  I  forij^et  whetlier  he  took  it  out  of  the 
bundle  or  I  took  it,  but  he  .said  "  Yes,  that  is  it ;  I  don't  want  it;  I  have  p^ot  a  copy  of  it ;" 
and  he  took  it  out.  I  did  not  read  it,  but  he  took  it  out,  and  taking  a  loose  piece  of  red  tape 
from  the  bundle  he  tied  it  around  it.     I  had  it  iu  my  hand  and  was  about  coming  olf  with  it. 

By  Mr.  Fkruy  : 

Q  Do  you  say  there  was  no  red  tape  on  it  in  the  bundle  ? — A.  There  was  not ;  it  was 
loose ;  but  there  was  a  piece  of  red  tape  lying  loose  in  the  bundle  which  I  took  up  and  tied 
around  it.  I  held  it  in  my  hand.  Some  general  conversation  passed.  He  said  that  he  had 
a  copy  of  it,  or  something  like  that;  I  do  not  remember  the  words  exactly  ;  when  all  of  a 
sudden  he  wliipped  it.  out  of  my  hand  and  said  :  "  I  have  a  prior  order  for  that  from  Senator 
Ferry."  Said  I,  "  What  are  you  going  to  do  with  it?"  Said  he,  "  I  am  guitig  to  give  it  to 
Senator  Ferry."  Said  I  "  If  I  had  not  liad  it  in  my  hand,  I  should  not  care  what  you  did 
with  it.  It  is  nothing  to  me.  All  I  want  is  to  get  an  answer,  but  I  think  it  is  sharp  practice." 
I  think  I  made  a  more  emphatic  remark  than  that. 

By  Mr.  Howard  : 

Q.  What  did  you  say,  and  what  did  he  say  in  reply  ? — A.  I  said  it  was  damned  sharp 
practice.  He  said  he  had  got  a  prior  order.  Said  I,  "  It  is  damned  sharp  practice  anyhow." 
"  Well,"  said  he,  "  what  are  you  going  to  do  aboutit  ?  Wiiat  do  you  want — satisfaction  ?" 
Said  I,  "1  do  not  want  any  satisfaction  "  He  pointed  to  his  revolver  on  the  bed.  1  said 
"  I  do  not  know  about  any  satislactiou."  If  I  had  not  had  the  paper  in  my  hands  I  should 
not  have  cared,  but  I  did  not  like  the  way  he  took  it  from  me. 

Q.  Did  he  sjjeak  rudel}'  to  you  wheu  he  asked  you  what  you  were  going  to  do  about  it?  — 
A.  Yes  ;  he  said  he  \vould  give  me  satisfaction.  I  went  to  the  door  and  cleared  out.  After- 
ward I  found  out  tiiat  that  joung  gentleman  ^\•ho  was  there,  or  he  told  me  himself,  was  the 
cleik  of  Mr.  Sumner's  cianmittee.  Said  I,  "  Well,  that  will  be  all  right ;  the  document  will 
get  there,  I  suppose,  and  1  will  go  back  and  report." 

By  Mr.  Williams  : 

Q.  Before  you  started  did  Mr.  Burche  tell  you  that  the  paper  had  a  blue  seal,  the  seal  of 
the  depaitment? — A.  No,  sir,  he  did  not  tell  me  anything  about  any  blue  seal.  When  he 
gave  me  the  desciiption,  he  said  it  was  a  short  round  roll  of  jiaper  that  had  been  left  here 
and  put  by  mistake  into  Mr.  Perry's  bundle.  He  spoke  to  uie  as  tliuugh  the  paper  had  been 
taken  by  mistake,  inadvertently,  and  put  into  the  bundle. 

Q.  How  did  you  know  there  was  a  seal  on  it? — A.  He  did  not  say  there  was  a  seal,  but 
a  red  stamp,  I  undcrstocid.  I  saw  the  stamp  when  Mr.  Perry  opened  it.  I  think  he  opened 
it,  and  I  said  at  once,  "  That  is  it."  We  both  agreed  that  that  was  the  paper,  and  then  he 
identified  it,  saying  that  he  had  a  copy  of  it  and  did  not  want  it.  At  the  head  of  the  paper 
there  was  a  sort  of  stamp  which  I  noticed. 

By  Mr.  SCHURZ : 

Q.  You  say  that  you  indulged  in  rather  sharp  language? — A.  After  the  paper  v.as  takeu 
out  of  my  hand  I  was  irritated,  and  I  said  what  I  have  stated. 

Q.  You  were  sumewhat  irritated  ? — A.  Not  much;  about  as  I  am  uow  ;  but  he  snapped  it 
off  so  quick  that  I  was  not  prepared  for  it. 

By  Mr.  Warner  : 

Q.  Did  he  snatch  the  paper  from  you? — A.  He  took  it  out  of  my  liand  and  said,  "I  have 
a  prior  order  fur  it."  Said  I,  "That  is  sharp  practice;  if  I  had  not  had  the  jiaper  in  my 
hand  you  might  have  done  what  you  pleased  with  it."  That  is  about  the  whole  ot  our  con- 
versation. Afterward  the  gentleman  who  was  there,  Mr.  Holmes,  told  nie  he  was  cleik  to 
the  Committee  on  Foreign  Relations.  1  did  not  know  iiim  at  the  time,  and  did  not  know 
what  they  were  going  to  do  with  the  pa[)er,  and  it  made  me  a  little  irritated  to  have  it  taken 
from  me  wheu  1  had  once  had  it  iu  my  posse.^sion. 

Edward  Jackson  Holmes  sworu  and  examined. 

By  the  Chairman: 

Q  Will  you  please  give  your  statement  about  this  matter? — A.  To-day  Jlr.  Sumner  in- 
formed me  that  Mr.  ^cliurz  waited  me  to  do  an  errand  for  him,  and  then  it  appeared  that  the 
eiraU'l  came  from  Mr.  Feny.  I  was  to  wait  a  momei  t  lo  receive  a  letter  from  him,  which  I 
took  witliout  knowing  what  was  in  it,  except  that  I  wai  to  bring  back  something ;  I  did  not 


206  DAVIS    HATCH. 

know  wlmt.  I  went  with  it  and  called  on  Mr.  Perry  at  Willard's  Hotel.  When  I  inquired 
for  him,  I  was  told  that  he  had  just  taken  his  key  and  gone  up  to  his  room.  I  went  up 
there  and  knocked  at  liis  door,  but  he  had  not  got  in.  I  was  just  about  going  to  turn  down 
when  he  met  me.  He  had  a  large  bundle  of  papers  in  his  hand,  surrounded  by  a  newspaper, 
tied  up.  Then  we  stepped  into  bis  room  and  I  handed  him  this  letter,  telling  him 
who  I  wa*!.  He  read  the  letter,  and  then  made  some  remark  which  I  judged  to  be  to  the 
effect  tiiat  he  did  not  know  what  the  meaning  of  it  was.  I  did  not  know  what  he  meant 
b}'  that,  because  I  did  not  know  what  was  in  the  letter.  I  told  him  he  had  better  write  an 
answer  to  the  letter,  and  he  sat  down  to  do  it,  and  was  writing,  or  I  think  had  written,  the 
answer.  At  all  events,  we  then  entered  into  a  general  conversation,  because  he  professed  not  to 
be  able  to  giA-e  me  the  paper  I  wanted :  and  then  this  other  man,  Mr.  Boyd,  came  in  and  he 
hauded  over  the  letter  that  he  had,  and  then  Mr.  Perry  said  to  him  that  another  gentleman 
had  just  come  on  th^  same  message,  but  that  he  was  not  aware  that  he  had  tlie  paper;  but 
he  would  looi\  over  his  papers,  because  he  might  have  got  it  mixed  with  them.  So  Mr. 
Boyd  and  Mr.  Perry  both  went  to  the  bed  on  which  Mr.  Perry  had  thrown  the  bundle,  un- 
tied the  bundle,  and  then  they  began  to  turn  over  the  papers.  Mr.  Boyd  said  :  '"  I  guess 
that  is  it,"  pointing  to  a  round  roll.  Mr.  Perry  said:  "I  think  it  is;"  and  lie  took  it 
up.  It  was  tied  with  red  tape,  and  he  undid  it,  and  said:  "That  is  it;"  and  then  he  tied 
it  up  again.  When  he  undid  it  there  appeared  the  blue  mark  of  the  Department  of  State. 
We  had  some  general  talk  among  ourselves,  not  with  reference  to  this  paper.  All  I  know 
is  that  I  liad  it  iu  my  hand,  and  there  was  absolutely  no  violence,  no  movement  whatever. 
The  first  that  I  heard  of  that  suggestion  was  as  coming  from  Mr.  Howard's  lips.  The  idea 
never  entered  my  head  there  that  there  was  any  (quickness  about  it.  I  saw  everything  that 
was  done  there. 

By  Mr.  SCHURZ : 
Q.  Did  you  hear  any  conversation  passing  about  "satisfaction?  " — A.  I  will  como  to  that 
in  a  momeut.     I  had  the  paper  in  my  hand,  and  I  kept  it — a  round  roll  of  paper ;  and  as  I 
started  to  go 

By  the  Chaiuman"  :  , 

Q.  Who  gave  it  to  you? — A.  I  do  not  remember.  It  was  given  to  me  without  any  emo- 
tion or  disturbance  wliatever.  I  had  had  it  for  some  minutes  in  my  hand  holding  it,  and 
had  rolled  a  piece  of  paper  around  it  so  that  it  might  be  covered  up ;  and  I  stood  there  with 
this  in  uiy  hand  wlien  I  made  a  motion  toward  going.  Then  Mr.  Boyd  wanted  tlie  paper ; 
but  I  was  not  going  to  let  liim  have  it,  because  I  already  had  it,  and  I  considered  that  I  had 
the  first  right  to  it,  as  1  had  the  first  order.  Mr.  Perry  said,  pointing  to  me,  "I  consider 
that  tliis  gentleuian  has  the  first  right  to  it,  for  he  liad  the  ])rior  order."  He  said,  further, 
"  I  do  not  care  who  has  it;  all  I  want  is,  to  do  right;  I  do  not  care  one  sixpence  who  has 
it;  I  only  want  the  person  t;)  have  it  to  whom  it  belongs."  I  repeated,  that  I  considered  I 
had  the  tir.'it  right  to  it,  as  I  had  coine  first.  Then  said  Mr.  Boyd,  "You  would  not  have 
found  it  if  it  iiad  not  been  for  me."  Mr.  Perry  said,  perhaps  not;  but  that  I  iiad  the  first 
order.  Then  I  started  to  go,  and  both  of  us  stood  at  the  door.  Mr.  Boyd  then  said,  "  Well, 
I  consider  it  pretty  sharp  practice  ;  I  got  it,  and  I  hail  it  in  my  liand  first ;"  which  was  true. 
Said  he,  "I  consider  it  pretty  .sharp  practice  tiuit,  after  I  had  it  iu  my  hand,  he  should  go 
otf  with  it."  I  said,  "  Well,  I  have  got  it,"  and  I  gave  liiin  to  understand  that  I  was  going 
to  keep  it;  and  I  considered  that  the  whole  deciding  of  that  matter  rested  with  me,  and  not 
with  Mr.  Perry. 

By  Mr.  IIowwkd: 

Q.  Were  you  not  informed  that  I  had  charge  of  the  paper,  and  tliat  I  liad  used  it  in  the 
committee? — A.  No,  sir. 

Q.  Did  not  tlie  note  say  .so? — A.  I  did  not  read  the  note. 
Mr.  ScuOKZ.  'J'lie  mite  is  here,  and  it  is  iu  tiieso  words: 

"Mr.  PkkkY:   Mr.  Howard  says  you  took  away  tlic  report  of  June  7th  of  the  Secretary 
of  State.     If  so,  please  send  it  by  bearer  immediately. 
"  Yours,  truly, 

".JOHN  C.   BUKCHE." 

Now,  I  will  iislc  Mr.  Holme.s  wlielher  Mr.  Perry  said  anything  about  a  revolver? 
The  WiTNK.s.s.  Notliiug  wliatever.     No  allusion  was  made  to  a  revolver.     There  was  no 
pointing  ut  it. 

By  Mr.  IIdwaim)  : 
Q.  Did  you  see  a  revolver  on  his  bed  ?  — A.  Yes,  .sir ;   tlicro  was  a  revolver  on  his  bed. 

By  Mr.  Wilma.m.s: 

Q.  Wiiat  was  said  about  Katisfactiou  ?  You  .«aid  you  were  coming  to  that ;  you  have  not 
coiiiG  to  it  yet. — A.  Mr.  Boyd  said  it  wa.s  damned  .sharp  practice.  "  Very  well,"  .said  Mr. 
I'erry,  "  I  will  give  you  any  satisfaction  you  want,"  and   1  understood  it  to  mean  that  lie 


DAVIS    HATCH.  207 

•vvas  not  going  to  back  down  from  the  ground  he  had  taken.  It  never  occurred  to  me,  as  a 
spectator,  that  ho  meant  anything  beyond  the  I'acttliut  he  was  going  to  stand  by  tlio  position 
he  had  taken. 

Kaymond  H.  Perry's  examination  resumed. 
By  Mr.  Vickers  : 

Question.  This  paper  (your  communication  of  Juno  7th)  had  been  copied  by  Mr. 
Murphy? — Answer.  Yes,  sir;  copied  and  published  before  this  proceeding  took  place. 

By  Mr.  Warner  : 

Q.  Did  you  have  full  knowledge  of  the  contents  of  the  treaty  when  you  signed  it? — A. 
Yes,  sir. 

Q.  Did  you  approve  it? — A.  All,  except  those  two  things  I  have  spoken  of,  the  national 
debt  and  the  note  from  Baez  to  Hartmont. 

Q.  Did  you  approve  the  treaty  when  j'oxi  signed  it  ? — A.  It  was  not  for  mc  to  approve  one 
way  or  the  other.     It  was  ordered  for  me  to  sign  it.     I  had  nothing  to  do  with  approving  it. 

Q.  Did  you  speak  to  senators  in  favor  of  the  treaty  after  you  came  to  Washington  from 
San  Domingo? — A.  I  did,  to  Senator  Chandler  and  others. 

Q.  Did  you  speak  to  General  Babcock  in  favor  of  the  treaty  after  you  came  to  Washing- 
ton ? — A.  Yes,  sir  ;  I  have  tried  in  every  way  to  help  the  treaty  along. 

Q.  Did  you  speak  to  Mr.  Fish,  the  Secretary  of  State,  in  favor  of  the  treaty  after  you 
came  to  Washington  1 — A.  I  think  I  did. 

Q.  Did  you  speak  to  the  President  in  favor  of  the  treaty  after  you  came  to  Washington  ? — 
A.  I  think  I  did. 

Q.  Did  you  make  any  complaint  to  the  President  or  Mr."  Fish  on  j'our  arrival  in  Wash- 
ington from  San  Domingo  about  General  Babcock's  conduct  in  regard  to  Mr.  Hatch,  or  in 
regard  to  the  negotiation  of  the  treaty  ? — A.  Yes,  sir;  to  both  gentlemen,  to  the  President 
and  the  Secretary  of  State. 

Q.  Immediately  upon  your  arrival  ? — A.  On  my  arrival. 

Q.  Did  you  ask  for  sixty  days'  leave  of  absence  from  your  post  at  San  Domingo  ? — 
A.   Yes,  sir. 

Q.  What  was  your  object  in  so  doing,  and  in  coming  to  Washington? — A.  Because  I 
saw  the  way  things  were  going  in  connection  with  this  treaty.  I  wanted  to  return  and 
bring  my  family  home,  as  the  summer  mouths  were  commencing.  That  was  one  thing; 
and  I  also  saw  the  way  things  were  going  on  there,  and  I  could  not  indorse  things  that 
were  transpiring,  and  I  wauted'to  come  home  and  make  a  clean  breast  of  the  whole  affair 
and  resign,  which  I  intend  doing  as  soon  as  this  thing  is  cleared  up. 

Q.  Did  you  or  did  you  not  come  to  Washington  for  the  purpose  of  opposing  the  ratifica- 
tion of  the  treaty  ? — A,  No,  sir,  I  did  not ;  I  had  no  such  intention. 
By  the  Chairman  : 

Q.  Did  you  write  a  letter  asking  a  leave  of  absence  ? — A.  Yes,  sir. 

By  Mr.  Warner  : 

Q.  What  do  you  mean,  in  brief,  by  "  making  a  clean  breast  of  it'.'" — A.  Telling  every- 
thing in  connection  w-ith  the  treaty — everything  I  knew  about  it.  In-a  great  many  of  my 
communications  from  San  Domingo  I  think  I  have  misrepresented  things  to  the  State 
Department.  I  had  no  business  to  do  so.  They  have  tried  to  influence  me  in  reports — 
different  parties — but  I  had  no  business  to  be  influenced  in  any  way.  I  have  worked  every 
way  I  could  to  help  the  treaty. 
By  the  Chairman  : 

Q.  Do  you  mean  to  say  now  that  at  the  time  you  wrote  those  letters  j^ou  knew  them  to 
be  untruthful  ? — A.  I  do  not  mean  to  say  -they  were  exactly  untruthful,  but  I  have  talked 
to  Mr.  Prime,  my  friend 

Q.  Never  mind  Mr.  Prime  cow,  or  anybody  else.  Do  you  mean  to  say  here  at  the  time 
you  sent  those  letters  they  were  not  the  truth  ? — A.  I  mean  to  say  there  are  certain  things 
in  them  that,  are  not  exactly  as  they  should  have  been  represented. 

Q.  Answer  my  question.  Did  you  know  at  the  time  you  sent  any  of  those  communica- 
tions that  you  stated  in  them  what  was  not  true? — A.  The  whole  thing 

Q.  Answer  the  question. — A.  I  cannot  answer  that  question,  because  I  never  tell  false- 
hoods. 

Q.  Do  yoir  mean  to  say  now  that  you  either  told  that  which  was  not  true,  or  that  you 
•withheld  that  which  you  knew  was  true  in  those  communications? — A.  No,  sir  ;  I  do  not  think 
in  any  one  of  my  communications  to  the  State  Department  I  stated  anything  that  was  not  ex- 
actly true. 

Q.  Nor  withheld  things  that  you  knew  were  true  that  it  was  important  for  the  State 
Department  to  know  ? — \.    1  have  withheld  a  great  many  things  that  were  true. 

Q.  In  almost  all  those  letters  did  you  not  say  that  your  only  desire  was  to  tell  the  truth 
exactly  as  it  was  ? — A.  Yes,  sir. 

Q.    Did  you  know  at  that  time  that  you  had  not  told  it  exactly  as  it  was  to  your  govern- 


208  DAVIS    HATCH. 

jnent  ? — A.  I  did  not  know  at  the  time  I  wrote  the  letters.  The  facts  occurred  since  writing 
those  letters. 

Q.  Let  me  call  your  attention  to  a  fact  about  which  there  cannot  be  any  mistake.  Did 
you  report,  in  any  possible  way,  to  the  iState  Department  that  the  elections  were  not  con- 
ducted faiily  ;  or,  on  the  contrary,  did  you  not  say  in  y"ur  communications  that  they  were? — 
A.  I  have  never  criticised  the  election  in  San  Dominp;o.  , 

Q.  Did  you  ever,  in  any  of  your  communications  to  the  State  Department,  say  that  there 
was  anytliing  wrong  about  the  elections? — A.  No,  sir;  and  I  did  not  say  they  were  right, 
either. 

Q.  Did  you  not  state  they  were  going  on  peacefully  and  harmoniously  and  almost  unani- 
mously?— A.  They  were  going  on  peacefully,  and  the  votes  were  unanimous  because  there 
was  no  opposition  allowed. 

Q.  You  have  said  here  in  your  testimony  now,  that  persons  were  exiled  who  proposed  to 
vote  against  annexation,  and  that  jiersons  were  imprisoned  and  threatened  ? — A    Yes,  sir. 

Q.  Did  you  know  that  at  the  time  you  wrote  the  communication?  —  A.  Yes,  sir. 

Q.  Why  did  you  not  write  it  ? — A.  Because  none  of  the  naval  officers  there,  or  my.self,  to 
tell  you  the  truth,  dared  to  write  exactly  the  way  things  were  going  on  :  it  would  have  cost 
us  our  positions,  and  I  have  heard  naval  officers  say  so. 

Q.  Speak  for  yourself.  Do  you  mean  to  say  now,  that  the  reason  you  did  not  write  the 
whole  truth  was,  that  you  were  afraid  it  would  cost  you  your  position  ? — A.  Yes,  sir. 

By  Mr.  Howard: 

Q.  You  say  that  no  opposition  was  allowed  at  the  election,  and  you  have  repeated  this.  I 
tliink  you  stated  that,  in  your  letter  of  the  7th  of  June.  Did  you  state  or  intimate,  in  any 
of  your  dispatclies  to  your  government,  that  no  opposition  was  allowed  at  the  elections? 
Have  you  ever  stated  it,  in  any  dispatch  or  letter  to  the  Pre.-ident  or  the  Secretary  of 
State  ? — A.   I  have  stated  that  men  were  banished  and  imprisoned. 

Q.  That  does  not  answer  the  question.  Did  you  state  that  no  opposition  was  allowed? — 
A.  •!  have  not  stated  that. 

Q,  And  you  have  not  stated  anything  of  the  kind  ? — A.  I  have  stated  something  of  the 
kind.  I  stated,  -in  one  of  my  communications,  that  men  were  banished  and  imprisoned  for 
political  expressions. 

Q.  For  opposition  to  annexation? — A.  Yes,  sir. 

By  the  Cn.Ma.MAX: 

Q.  In  which  one  of  your  communications  did  j'ou  state  that  ?  —  A.  In  one  of  my  commu- 
nications to  the  State  Department  I  said  that  eveiytiiing  was  going  on  quietly,  with  the  ex- 
ception of  the  banishment  and  iiiiprisoiunent  of  polilical  parties  there. 

Q.  Uid  you  state  in  any  one  of  them  that  it  was  for  trying  to  vote  ? — A.  I  do  not  remem- 
ber that. 

Q.  Or  for  voting  in  opposition  to  annexation  ? — A.  No,  sir. 

Q.  Did  you  ever  state  that  to  the  State  Department? — A.  I  do  not  think  I  ever  did.  That 
is  what  I  got  my  sixty  days'  leave  for,  to  come  on  and  explain. 

By  Mr.  Warner: 

Q.  When  you  arrived  in  Washington  from  San  Domingo  did  you  believe  that  General 
liabcock  had  interfered  wrongfully  to  jjrevent  the  lelease  of   I\Ir.  Hatch  ? — A.  I  did. 

Q.   Did  y.  u  so  inform  the  President  and  Mr.  Fi.di  ? — A.   I  am  very  positive  I  did. 

Q  In  what  way  did  you  inform  them? — A.  Iliad  a  mcniorandum  in  my  pocket  of  all 
things  connected  with  San  Domingo,  and  also  in  relation  to  JSIr.  Hatch,  and  I  weui  through 
that  mi-morandnm  with  the  President  and  Mr.    Fish  also. 

Q.  Did  yi^n  make  any  written  complaint  to  either  of  them  in  regard  to  his  conduct? — A. 
Not  wiieii  1  lir.st  came  iiere.  I  called  on  both  and  went  through  my  memorandum  of  things 
in  (connection  wiih  Sun  Domingo. 

Q.  Vou  said  orally  to  both,  did  you,  that  General  Rabcock  had  interfered  to  ki'pp  Mr. 
Hatch  in  prison? — A.  I  am  very  positive  I  did.  I  know  that  was  on  my  memorandum 
among  other  things  tiiat  I  spoke  of. 

By  the  Chairman: 
Q.  Your  memory  i.s  what  is  in(|uired  as  to? — V.   If  you  are  going  into  that  I  nuist  tell 
you  frankly  that  I  have  had  no  encouragement  from  any  one. 

By  :^Ir.  Warnkr: 

Q.  I  want  a  simple  answer  to  the  question.— A.  But  you  are  asking  questions  that  are 
going  into  other  ([U(;stions. 

Q.  It  can  be  answered  bj'  yes  or  no.  —  A.  If  you  arc  going  to  trace  this  thing  back  to  this 
dei)anment,  I  shall  have  to  tell  the  whole  truth. 

By  Mr.  VlCKKRS: 
Q.  Tell  all  ^oii  know — A.  I  ha\o  been  reqmsiel  lo  say  nothing  about  these  things  ;  and 
when  I  went  to  tell  them,  I  was  left  alone  in  the  ro  )W. 


DAVIS    HATCH.  209 

liy  Mr.  Wakn'KH  : 

Q.  Do  I  undt'istiind  you  to  say  pcsitively  that  you  did  complain  oruUy  to  the  President 
and  Mr.  Fish  tliat  General  IJabcock  had  interfered  to  prevent  Mr.  Hatch's  release? — A.  I 
will  not  swear  about  Babcock.  I  connnenced  to  tell  about  the  votes  and  the  naval  officers' 
acts,  and  the  case  of  Mr.  Hatch  was  on  my  memorandum.  I  commenced  the  memorandum 
to  pjo  through  with  it,  but  I  saw  that  it  was  not  acceptable,  and  I  stopped. 

Q.  It  has  been  shown  in  the  testimony  to-nijrht  that  you  had  a  revolver  lying  upon  your 
bed  in  your  room.  Arc  you  in  the  habit  of  ffoin^:  armed  about  the  city  of  Washington? — 
A.  I  have  not  been  without  a  revolver  since  I  was  twenty  years  old. 

Q.  Did  you  come  to  the  meeting  of  this  committee  this  morning  armed  ' — A.  I  Iiave  not 
been  without  a  revolver  a  day  for  years.     I  liave  always  earned  one. 

By  the  Ciiairmax  : 
Q.  Are  you  armed  now? — A.  Always. 

By  Mr.  Warneu  : 

Q.  What  with  ?— A.  A  revolver. 

Q.  What  is  the  reason  of  your  wearing  arms  here  in  Washington  and  in  this  committee- 
room,  at  the  meetings  of  the  committee  ' — A.  I  do  not  make  it  a  special  thing  to  wear  it  at 
the  committee-room.  I  have  never  been  without  a  revolver  for  the  past  sixteen  or  eighteen 
years. 

By  Mr.  ViCKERS : 

Q.  Is  it  your  practice  at  all  times  to  carry  arms  ? — A.  Always.  I  have  been  accustomed 
to  frontier  life,  and  have  never  been  without  one  in  ten  or  eighteen  years.  I  have  a  written 
permission  from  Sheridan,  and  other  officers,  to  always  go  armed,  which,  of  course,  would 
have  no  effect  here,  but  I  mention  it  to  show  what  I  have  always  been  accustomed  to. 

Q.  When  you  started  for  San  Domingo  what  was  your  understanding  as  to  the  object 
for  which  you  were  sent  there  ?  —  A.  I  understood  there  was  some  movement  on  foot  to  annex 
that  country  to  this. 

Q.  Did  anybody  tell  you  that  you  were  sent  there  in  connection  with  the  annexation 
movement  ? — A.  Secretary  Fish  gave  me  to  understand  that  there  were  important  movements 
on  foot  with  that  government,  and  I  had  understood  it  from  outside  parties,  and  there  had 
been  one  or  two  pieces  in  the  newspapers  in  relation  to  San  Domingo  annexation. 

Q.  When  and  where  did  you  receive  your  cominLssion  to  negotiate  this  treaty  ? — A.  In 
San  Domingo,  on  the  18th  of  November,  1869. 

Q.  Did  you  know  before  that  time  that  you  were  to  receive  power  to  negotiate  the  treaty  ? — 
A.  I  did  not. 

Q.  How  does  it  happen  then  that  Mr.  Fabens  insisted  on  the  way  down  with  you  that 
you  should  not  release  Mr.  Hatch,  for  fear  it  would  interfere  with  the  annexation  of  San  Do- 
mingo to  the  United  States  ? — A.  Because  he  intimated  that  it  would  interfere  with  move- 
ments that  were  on  foot  between  the  two  governments. 

Q.  Did  you  know  at  that  time  that  you  were  to  have  any  connection  with  that  movement 
further  than  as  the  commercial  agent  of  the  United  States  in  San  Domingo? — A.  No.  sir,  I 
did  not ;  but  I  expressed  to  the  Secretary  of  State  that  I  did  not  like  the  errand,  and  did  not 
want  to  go  on  it.  I  had  been  accustomed  to  special  duty  with  General  Sheridan,  and  I 
thought  there  niiglit  be  some  important  mission  that  they  wanted  me  to  watch  there. 

Q.  Did  Mr.  Fabens  tell  yoix  that  you  were  to  receive  a  commission  to  negotiate  a  treaty? — 
A.  No,  sir. 

Q.  Did  he  tell  you  that  there  wore  movements  on  foot  to  annex  San  Domingo  to  the  United 
States  ? — A.  He  intimated  as  much,  and  from  what  I  had  seen  in  the  papers,  and  what  I  had 
drawn  from  parties  in  Washington,  I  understood  that  was  the  object. 

Q.  How  did  he  intimate  it? — A.  In  speaking  of  the  island,  and  of  the  increase  of  the  value 
of  the  property  there  in  case  of  annexation,  which  was  talked  of  then  in  the  States,  &c.:  we 
were  talking  about  it  every  day  after  dinner,  walking  the  deck. 

Q.  You  say  he  insisted  to  you  during  that  trip  that  you  should  not  interfere  for  Mr.  Hatch 
because  Mr.  Hatch  would  oppose  the  annexation  of  San  Domingo  to  the  United  States? — 
A.  He  did  not  insist ;  he  could  not  insist — it  was  beyond  his  reach  ;  but  he  advised  me  not 
to  do  so. 

Q.  Had  you  any  information  as  to  the  imprisonment  of  Mr.  Hatch  before  you  left  New 
York  ? — A.  Yes,  sir.  General  Babcock  spoke  to  me  about  it.  I  have  a  memorandum  now 
at  the  hotel  in  an  old  book  of  mine,  that  General  Babcock  had  cautioned  me  in  regard  to 
Mr.  Hatch  and  Judge  O'Sullivan. 

Q.  Was  there  any  report,  at  the  time  you  weut  to  San  Do  i.ingo,  that  Mr.  Hatch  had  been 
pardoned  ? — A.  I  think  not. 

Q,  You  heard  nothing  of  that  kind  ? — A.  Not  that  he  had  been. 

Mr.  Sciu'RZ.  It  occurs  to  me  that  Mr.  Perry  does  not  exactly  understand  the  question. 
(To  the  witness.)  I  will  ask  you  this  :  Did  you  get  any  information  when  you  arrived  at 
San  Domingo  of  the  fact  that  Mr.  Hatch  had  been  sentenced  to  death,  and  that  his  sentence 
had  been  commuted  to  banishment? — A.  Yes,  sir.    I  did  get  that  as  soon  as  I  arrived  there. 

S.  Eep.  234 14 


210  DAVIS    HATCH. 

By  Mr.  Williams  : 

Q.  Was  there  anything  said  to  you  about  that  by  auybody  belbre  you  reached  San  Do- 
mingo ? — A.  Not  about  liis  sentence  of  death  being  commuted,  tiiat  I  remember. 

Q.  Was  there  anything  said  about  his  being  sentenced  to  death  ? — A.  General  Babcock 
told  me  that  he  was  in  trouble,  and  was  a  mischievous  man  who  would  make  trouble,  and 
he  did  not  want  me  to  intercede  for  him. 

Q.  Where  did  he  tell  you  that  Mr.  Hatch  was  a  mischievous  man,  and  that  he  did  not 
want  you  to  intercede  for  him  ? — A.  lu  his  room  at  the  Executive  Mansion. 

Q.  That  is  a  new  version  of  the  conversation.  Did  he  say  anything  more  of  that  nature 
to  you  at  that  time  ? — A.  Merely  in  speaking  of  him  he  made  those  remarks. 

Q.  Mischievous  in  what  way? — A.  1  do  not  say  that  those  were  his  exact  words,  but  lie  said 
that  Hatch  was  in  trouble  there  about  vessels  and  mixing  up  in  political  matters. 

Q.  Did  General  Babcock  ever  intimate  to  you  before  you  left  that  he  would  have  any- 
thing to  do  with  the  annexation  of  San  Domingo,  or  that  you  would  have  anything  to  do 
with  it? — A.  He  said  that  Hatch  would  interfere  with  movements  that  were  on  foot.  Those 
were  his  words. 

Q.  Do  you  mean  to  say  that  the  language  he  used  was  that  Hatch  would  interfere  with 
movements  that  were  on  foot,  or  that  he  would  interfere  with  annexation  ? — A.  That  he  would 
interfere  with  movements  on  loot,  and  those  movements  I  understood  to  be  annexation. 
That  was  the  inference  I  drew. 

Q.  When  you  started  from  New  York  did  General  Babcock  communicate  to  your  wife 
what  was  understood  between  them  to  be  a  secret  ? — A.  Yes,  sir. 

Q.  Do  you  not  know  that  he  never  mentioned  that  matter  of  annexation  to  anybody  at 
that  time  except  to  your  wife,  and  that  to  her  he  communicated  it  as  a  secret? — A.  Y'es,  sir. 
I  know  he  did  to  my  wife,  but  at  the  same  time  I  knew  of  it  myself.  I'arties  were  speak- 
ing of  it  in  Providence,  Khode  Island,  when  I  passed  through  there,  and  wanted  to  know  if 
I  was  to  help  this  matter  by  going  out  there — parties  interested  in  speculations  and  who  knew 
all  about  it — that  a  movement  was  on  foot  for  annexation. 

By  the  Chairman  : 
Q.  You  knew  about  it? — A.  Yes,  sir,  I  knew  about  it.     I  did  not  say  nuu'li  in  Washing- 
ton, because  I  understood  the  Avhole  thing  was  to  be  kept  quiet. 

By  Mr.  Sciu:az: 

Q.  Did  you  sec  reports  about  it  in  tlie  newsjjapers  .' — A.  Yes,  sir;  it  was  gencially  under- 
stood. 

By  Mr.  Williams  : 

Q.  You  stated  in  your  former  testimony  that  you  received  letters  from  Mr.  Hatch  while 
he  was  in  prison  at  Azua,  to  which  you  made  no  written  answers,  but  sent  messages  to  him, 
which  you  know  he  received,  because  you  had  seen  Mr.  Hatch  since  that  time,  and  ho  had 
told  you  so. — A.  Yes,  sir. 

Q.  Mr.  Hatch  says  positively  that  he  received  no  connnunication  of  any  nature  or  descrip- 
tifin  from  you  at  that  time.  Who  is  mistaken  about  that  matter? — A.  Mr.  Hatch  is  mis- 
taken, for  I  can  give  the  name  of  the  man  by  whom  I  sent  the  message. 

By  Mr.  Ferry  : 

Q.  Who  was  it? — A.  An  Englishnum,  who  represented  an  English  house  at  tit.  Thomas. 
Ho  was  stopjiing  at  tlu;  Commercial  Hotel  in  San  Domingo. 

Q.  Then  Mr.  Hatch  misrepresents  the  facts  when  he  says  that  he  did  not  receive  any  com- 
munication from  you? — A.  I  think  so  ;  because  tlie  Englishman  told  me  he  had  given  my 
messages  to  him,  and  Mr.  Hatch  also  told  mo  the  last  time  1  .saw  him  in  San  Domingo  that 
lie  had  seen  tliis  man,  and  tliat  I  had  promised  him  tliat  I  would  do  so  and  so. 

By  Mr.  Scm  k/.  : 

Q.  You  sent  a  telcgrapjiic  dispatcli  to  tlie  State  Department  when  tlic  election  in  San  Do- 
mingo had  taken  place,  stating  that  the  voting  had  been  enthusiastic  and  that  everything 
looked  favorable  ? — A.   Yes,  sir. 

(}.  1  low  did  you  come  to  send  that  dispatch  ? — A.  By  special  request  of  President  Bacz  and  Mr. 
(.lazneau.  They  sent  for  me.  'J"ln'y  stated  that  this  election  was  going  on,  that  tiic  thing  had  been 
unanimous  in  ihe  cily  with  liiit  one;  upposing  vote.  I  thoiiglii  it  very  strange  and  I  asked, 
"Who  is  thiit,  (MM!  who  voted  in  oppositinn  ;  can  you  give  uh;  liis  name  .'"  Tliey  told  me 
who  he  was,  and  tlicysaid  they  wanted  me  tosfnd  this  telegram  to  Havana  to  be  telegraphed 
to  Washington. 

Q.  Did  they  give  you  the  language  of  the  telegram  ? — A.  1  wrote  llu-  telegram  and  they 
corrected  it  and  wanted  me  to  send  it  in  thoso  words,  whicli  I  did. 

By  Mr.  Howard: 

Q.  Did  you  not  l)elievo  it  to  be  true  when  you  sent  it? — A.  I  believed  that  the  way  they 
ook  the  vote  there  was  a  niajorily. 


DAVIS    HATCH.  211 

Q.  Did  you  not  believe  the  contents  of  the  telej^ram  you  sent  were  true  .' — A.  It  was  true 
that  the  vote  was  carried  in  the  city, 

Q.  You  believed  the  statement  of  the  telepfrain  to  be  true  that  annexation  was  enthusias- 
tically carried  ? — A.  It  was  quite  euthusiastii-.     Tlicre  were  bands  around  the  street. 

By  Mr.  ScilURZ: 

Q.  What  did  the  enthusiasm  consist  in  ? — A.  There  was  a  band  of  music  on  the  street. 

Q.  Was  there  any  shouting  ? — A.  There  was  no  shouting.  Parties  were  coming  up 
and  signing  their  names. 

Q.  You  said  that  when  you  spoke  here  to  official  persons  and  explained  to  theui  the  true 
condition  of  things  in  San  Domingo,  and  the  true  history  of  the  matter,  they  turned  their 
backs  on  you.  What  did  you  mean  to  indicate  by  that? — A.  I  meant  to  say  tliat  I  received 
no  encouragement  in  speaking  the  truth  in  relation  to  San  Domingo,  either  in  San  Domingo 
or  in  Washington. 

Q.  W^hen  you  say  that,  to  what  persons  do  you  refer ;  to  the  Secretary  of  State  ? — A.  I 
refer  to  the  officials  that  I  have  come  in  contract  with  in  Washington.  I  do  not  like  to  men- 
tion names  ;  but  that  is  the  feeling  I  met  with  here. 

The  Chairman.  We  must  require  you  to  give  the  names. 

Mr.  Howard.  Certainly. 

The  Witness.  I  would'  rather  not. 

By  Mr.  Howard  : 

Q.  In  saying  that  do  you  refer  to  the  present  Secretary  of  State  ? — A.  Yes,  sir  ;  I  do. 

Q.  Do  you  refer  to  any  other  persons  ? — A.  Yes,  sir  ;  I  refer  to  the  Executive  Mansion. 

Q.  That  is  not  a  person.     State  to  whom  you  refer. 

The  Witness.  I  do  not  wish  to  go  further,  for  it  would  put  me  in  an  unpleasant  position. 

Mr.  Howard.  You  are  a  witness,  sir,  and  must  testify.  To  whom  else  do  .you  refer  ? — A. 
I  made  two  different  attempts  to  give  General  Babcock  and  President  Grant  the  full  details. 
The  first  morning  I  went  there  I  had  an  interview  with  the  President,  and  commenced  to 
tell  him  the  story.  He  told  me  that  he  had  not  time  then  to  hear  me,  and  I  do  not  think  he 
had.  He  was  very  much  occupied.  There  were  special  orders  not  to  allow  any  one  in  that 
morning.  He  told  me  to  come  again.  I  went  the  next  morning,  and  I  had  a  memorandum 
of  everything  in  connection  with  San  Domingo,  in  relation  to  the  voting,  and  in  relation  to 
certain  acts  of  our  navy — Captain  Bunce's  act  at  Porto  Plata,  and  Admiral  Poor's  offer  to 
send  men  ashore  to  protect  Baez  against  the  citizens,  &c.  I  wanted  the  President  to  under- 
stand the  whole  matter.  I  did  not  think  the  President  liked  to  hear  these  thiugs,  and  he  got 
up  and  told  me  he  liad  to  go  out  to  dinner,  and  he  went  out  of  the  room.  I  took  my  hat 
and  came  out.  As  I  came  out,  I  told  General  Deat  that  I  thought  the  President  was  de- 
ceived in  this  matter ;  that  he  had  been  deceived  by  parties  ;  that  his  name  was  being  made 
a  tool  of,  and  I  wanted  to  have  an  opportunity  of  telling  him  the  whole  truth  iu  relation  to 
the  thing;  that  I  also  had  been  deceived,  and  had  written  some  misrepresentations,  and  that 
I  came  to  Washington  to  make  a  clean  breast  of  the  whole  thing.  General  Dent  told  me 
that  I  ought  to  insist  on  seeing  the  President  and  telling  him  the  whole  thing.  Then  I  said 
to  General  Dent  that  I  thought  the  only  way  to  do  was  to  write  a  full  report  to  the  State 
Department,  which  he  approved  of,  and  he  told  me  also  that  he  thought  the  President  had  been 
deceived  a  great  deal  iu  this  matter.  I  think  myself  he  has  been.  I  came  to  the  President 
with  the  highest  recommendations  from  General  Burnside,  General  Sheridan,  Senator  An- 
thony, and  many  of  the  President's  best  friends,  and  I  do  not  wish  to  make  any  trouble  ;  but 
all  this  comes  from  my  simply  stating  what  I  knew  in  relation  to  San  Domingo. 

By  Mr.  Howard. 

Q.  You  produced  here  this  morniug  on  your  examiuatioa  a  letter  in  French,  written  by  a 
Frenchman,  on  the  island  of  San  Domingo.  Where  were  you  when  you  received  that  let- 
ter?— A.  I  received  it  when  I  was  in  San  Domingo  City. 

Q.  Do  you  remember  the  date  of  the  letter? — A.  April  12,  1870. 

Q.  Was  or  was  not  that  letter  the  foundation  of  some  portion  at  least  of  the  contents  of 
your  letter  to  the  Secretary  of  State,  of  the  7th  of  June  ? — A.  That  letter  never  occurred  to 
me  while  I  was  writing  that  communication  to  the  Secretary. 

Q.  Have  you  not  relied  upon  that  letter  iu  some  considerable  degree  as  the  foundation  of 
statements  that  you  have  made  or  opinions  that  you  have  formed  in  your  own  mind  ? — A.  I 
have  not.  I  never  saw  that  man  but  once.  The  contents  of  his  letter  have  not  influenced 
me  at  all. 

By  the  Chairman  : 

Q.  Do  you  put  no  reliance  on  it  ? — A.  I  do  not  put  much  reliance  on  it. 
By  Mr.  Howard  : 

Q.  You  do  not  look  on  that  letter  as  the  source  or  support  of  the  conclusions  which  you 
have  formed  in  your  own  mind  as  to  the  conduct  of  American  officials  in  San  Domingo  ? — 
A.  In  connection  with  others,  reports  of  naval  officers.  I  have  been  told  by  naval  officers 
the  same  thintr. 


212  DAVIS    HATCH. 

Q.  Theu  you  do  place  reliance  on  it  ? — A.  I  place  some  reliance  on  the  facts  from  the 
indorsement  of  the  letter  by  naval  officers. 

Q.  But  taking  that  piece  of  evidence  in  and  of  itself,  do  you  place  reliance  on  it  ? — A. 
Yes ;  I  think  the  man  who  wrote  it  is  reliable. 

Q.  Thoug-h  you  do  not  know  him  personally  ? — A.  I  know  he  is  a  merchant  there.  I  am 
not  acquainted  with  him  intimately. 

By  Mr.  Schurz  : 

Q.  Was  that  part  of  the  information  which  led  you  to  say  or  to  believe  that  Mr.  Fabens 
was  receiving  consignments  of  lumber  without  paying  duty,  to  the  detriment  of  other  mer- 
chants in  Samana? — A.  Yes,  sir;  I  have  been  so  informed  by  naval  officers  who  were  there 
at  Samana  and  San  Domingo  city.    , 

Mr.  Warner.  Mr.  Chairman,  I  have  here,  in  accordance  with  the  request  I  made  this 
morning  to  the  War  Department,  an  official  statement  of  what  is  called  in  the  army  the 
military  history  of  Major  Perry,  signed  by  General  E.  D.  Townsend,  Adjutant  General  of 
the  army,  which  I  should  like  to  have  put  in  evidence,  to  form  part  of  the  record  in  this 
case. 

E.  H.  Perry.  I  should  like  to  be  examined  on  it  if  that  is  to  go  in. 

Mr.  Warner,  I  propose  to  read  the  military  history  of  Mr.  Perry.  This  is  a  record  made 
up  by  the  Adjutant  General  of  the  army  of  his  entire  military  history,  as  I  suppose,  from 
the  time  he  entered  the  service  until  lie  left  it.  This  history  refers  to  the  proceedings  of  a 
general  court-martial  by  which  Mr.  Perry  was  tried.  I  have  here  the  proceedings  iu  full. 
I  suppose  it  is  hardly  necessary  to  read- them.     I  will  read  this  military  history  first  : 

War  Department, 
Adjutant  General's  Office,  June  15,  1870. 
Case  of  Raymond  H.Perry,  late  first  lieutenant  Battery  "B,"  Rhode  Island  artillery, 
late  major  Third  Rhode  Island  cavaliy. 

Record  in  Battery  "B,"  First  Rhode  Island  Artillery. 

Mustered  in  as  first  lieutenant  Battery  "  B,"  Rhode  Island  light  artillery,  August  13, 1861, 
for  three  years.  Present,  on  all  rolls  from  muster-in  to  August  31,  186'2.  "'  In  arrest,"  sore- 
ported  on  return  for  September,  ]662.  Resigned  on  October  i\  ldG'2.  giving  as  a  reason  hi.s 
"  wif^h  to  enter  another  branch  of  the  service  ;  "  approved  by  intermediate  conuuiinders,  and 
accepted  and  he  honorably  discharged  by  Special  Orders  No.  '27H,  paragraph  I,  d;i;ed  Octo- 
ber 11,  l^(J2,  from  lieadcjuartcrs  Army  of  the  Potomac.  This  order  was  revoked  by  Special 
Orders  No.  "JdU,  paragrapii  13,  dated  October  13,  IdG'J,  from  hcad(jnarters  Army  of  the  I'o- 
tomac. 

On  the  14th  October,  18G2,  Captain  I.  A.  Tompkins,  First  Rhode  Island  ariillerv,  com- 
manding artillery  second  division,  second  corps,  wrote  to  the  heud(iuarters  Army  of  the  Po- 
tomac, relative  to  Lieutenant  Perry's  application  for  the  revocation  of  the  order  discharging 
him  upon  tender  of  resignation,  stating  "  that  it  is  for  the  intevest  of  the  service  that  Lieu- 
tenant Perry  cease  to  be  an  officer  of  IJattcry  '  B  '  First  Rhode  Island  light  artillery." 

This  was  forwarded  on  same  date,  indorsed  by  Captain  C.  II.  ilorgan,  Fotu'th  United 
States  Artiller}',  commanding  artillery  second  corps,  as  follows:  "From  the  iuformalion  I 
liave  of  this  officer,  I  think  that  the  interest  of  the  service  demands  that  he  should  not  be 
allowed  the  privilege  (even  if  he  has  the  right)  of  recalling  his  resignation.  If  he  chould 
be  allowed  tlie  ])rivilegc,  there  is  no  doubt  hut  that  he  would  be  driven  by  the  sentence  of 
a  gciicriii  court,  under  the  4r)th" — (Any  commissioned  officer  wiio  shall  be  found  drunk  on 
his  guard,  ])arty,  or  other  duty  shall  be  cashiered. — 4r)th  Arlich^  of  War.)  —  "  and  other  arti- 
cles of  war  from  the  service."  Upon  tiiis  paper  an  order  was  issued,  (Sptcial  Orders  No. 
281,  paragraph  0,  dated  October  14,  l8tJ'J,  from  headf|uarters  Army  of  the  Potomac,)  recall- 
ing the  order  rcv(dung  a  discharge,  and  allowing  his  discharge  to  stand  as  of  dale  of  the  order 
accepting  iiis  resignation,  (October  11,18G2.) 

Record  in  Third  Rhode  Island  cavalry. 

Mustered  in  as  captain  Third  Rhode  Island  cavalry,  at  New  Orleans,  Jjimisiana,  January 
28,  18()4,  to  take  effect  October  22,  l.-^(i3.  Present,  on  roll  for  .January  and  Fehruary,  18G4. 
Detached,  on  roll  for  March  and  April,  lr)ij4.  Reported,  cajitain  absent.  Detached  at  bri- 
gade liead(|uarters,  as  aide-de-camp.  On  ndl  for  May  and  .June,  |H(i!,  reported  captain 
detachol  at  brigade  headiiuarlers,  as  inspector  general.  On  roll  fur  .Inly  and  August,  1864, 
detached  by  Special  Ordc^rs  No.  17'J,  lieaihinariers  Department  ot  the  Gulf. 

Mustered  in  as  major,  October  I,  181)4.  On  roll  for  SeptembcM'  and  October,  18(51,  re- 
ported: Major  detached  as  superint(^ndent  f)f  recruiting  in  New  (Jrleans.  On  r<dl  for  No- 
vember and  December,  1H1)4,  repf)rteil :  Major  in  arrest,  pending  trial  by  general  cotirt-mnr- 
tial,  and  so  reported  on  rolls  from  .lainiary  to  .June,  IHij.'),  inclusive.  On  roll  for  July  and 
August,  18(j.'>,  reported:  Absent  without  leave."  The  regimental  return  for  August,  18()r>, 
reports  him,     "Ordered  to  regiment,  August  iW,  186.'i;   not  yet  reported." 


DAVIS    HATCH.  213 

On  October  2'.'>,  l8()r»,  lie  tendered  his  resig'natiDii,  to  enable  him  to  cuter  business.  Ap- 
proved by  colonel  of  n^giinent.  Disapproved  by  department  commander,  and  he  lionorably 
disclmrfred,  bj' Special  Orders  No.  8d,  para;;raph  2,  dated  October  25,  1H65,  from  head- 
quarters military  division  of  the  Gulf. 

With  reference  to  his  trial  by  j^eneral  court-martial,  iu  January,  ISCi'),  bj'  Special  Orders 
No.  ;502,  paraijrapli  4,  dated  December  9,  18()-J,from  hoadq\iarters  Defenses  of  New  Orleans, 
the  provost  marshal  of  the  parish  of  Orleans  was  directed  to  "  inuiiediately  arrest  and  place 
in  close  confinement  Major  Ivaymond  H.  Perry,  Third  Rhode  Island  cavalry,  pending  trial 
by  {Teueral  court-martial."  On  December  20, 18G4,  an  order  was  issued  convening  a  gen- 
eral court-martial  for  his  trial.  The  court  met  at  New  Orleans,  Louisiiina,  Januarj'  6, 1865; 
adjourned  until  the  next  day,  Avhen  he  was  brought  to  trial  npon  the  following  charges  and 
specifications : 

Charge  1.  Selling  and  disposing  of  government  property  furnished  for  the  military  ser- 
vice of  the  United  States,  wrongfully  and  knowingly,  in  violation  of  an  act  of  Congress 
approved  March  2,  1SG2. 

Specification  ].  (In  substance)  that  Major  Perry  received  from  Captain  Herman  Borries, 
Second  Illinois  light  artillery,  a  horse,  and,  although  knowing  it  to  be  government  property, 
did,  on  or  about  November  2'J,  1862,  at  New  Orleans,  Louisiana,  wrongfully  and  knowingly 
sell  and  dispose  of  the  same  to  W.  N.  Rogers,  a  citizen,  for  $i5tJ. 

Specification  2.  (In  substance)  that  Major  Perry  received  from  Captain  Borries  six  mules, 
and,  although  knowing  them  to  be  government  pioperty,  did,  on  or  about  November  2U,  1864, 
at  New  Orleans,  Louisiana,  wrongfully  and  knowingly  sell  and  dispose  of  said  mules. 

Specification  3.  (In  substance)  that  Major  I'erry  received  from  Lieutenant  Henderson, 
acting  post  quartermaster  for  the  recruiting  defjot  under  command  of  Major  Perry,  a  mule, 
and,  although  knowing  it  to  be  government  jiroperty,  did,  on  or  about  November  2U,  1864, 
wrongfully  and  knowingly  sell  and  dispose  of  said  mule. 

Cjiaiuje  2.  Entering  into  a  combination  to  defraud  the  government  of  the  United  States, 
by  assisting  to  obtain  the  allowance  of  a  fraudulent  claim,  in  violation  of  an  act  of  Con- 
gress approved  March  2,  1862. 

Specification.  In  substance  same  as  first  specification,  charge  1,  alleging  in  addition  that 
he  caused  the  said  W.  N.  Rogers  to  offer  said  horse  for  sale  to  the  government  of  the  United 
States,  and  that  it  was  sold  to  the  government  for  §165. 

Charge  ?>.  Combining  and  assisting  to  defraud  the  government,  to  the  prejudice  of  good 
order  and  military  discipline. 

Specification.  (In  substance)  that  Major  Perry  combined  with  Captain  Borries  and  one 
Staples,  and  others  unknown,  to  defraud  the  government  by  assisting  to  sell  and  dispose  of, 
for  their  mutual  benefit,  certain  horses  and  mules,  (eighteen  mules  and  one  horse,)  the 
properly  of  the  United  States,  and  iu  pursuance  of  this  combination  he  did  sell  one  horse 
and  assist  in  disposing  of  six  nmles,  at  New  Orleans,  Louisiana,  on  or  about  November  20 
and  30,  1864. 

The  trial  commenced  J.anuary  7,  1865,  and  concluded  January  24,  1865.     He  was  found: 

Of  1st  specification,  1st  charge — '"Guilty." 

Of  2d  specification,  1st  charge — "Guilty,"  except  the  words  "sell  and." 

Of  3d  specification,  1st  charge — "Guilty,"  except  the  v,-ords  ''  sell  and." 

Of  the  Jst  charge — "Guilty." 

Of  specification,  2d  charge — "Guilty." 

Of  2d  charge— "Guilty." 

Of  specification,  3d  charge — "Guilty,"  except  so  much  of  the  specification  as  charges  an 
intention  on  the  part  of  the  accused  to  wrongfully  sell  and  dispose  of  the  twelve  mules 
received  by  him  November  30,  1864. 

Of  3d  charge — "  Guilty." 

And  was  sentenced  "to  be  dishonorably  dismissed  the  service  of  the  United  States,  and  to 
forfeit  to  the  government  all  pay  and  allowances  now  due  him  or  to  become  due." 

The  proceedings,  &c.,  were  approved  February  9,  1865,  by  the  officer  convening  the  court, 
(General  T.  W.  ^iherman.) 

On  Febnuxry  24,  18()5,  Major  Perry  wrote  to  the  headquarters  Department  of  the  Gulf, 
reporting  some  circumstances  not  produced  during  his  trial,  and  upon  this  letter  an  order 
was  issued  (Special  Orders  No.  53,  paragraph  4,  February  25,  1865,  headquarters  Depart- 
ment of  the  (iulf )  releasing  him  from  arrest  and  ordering  him  to  report  to  Brigadier  General 
Lucas  for  active  duty,  with  instructions  to  report  in  writing  every  tea  days  to  department 
headquarters  and  to  the  commanding  officer  of  his  regiment. 

On  July  16,  )S!)5,  the  proceedings,  findings,  and  sentence  in  his  case  were  approved  by 
Major  General  K.  R.  S.  Canby,  commanding  Department  of  the  Gulf,  and  to  said  approval 
was  added  the  usual  clause,  "Major  Raymond  H.  Perry,  3d  Rhode  Island  cavalry,  ceases  to 
be  an  officer  in  the  service  of  the  United  States  from  this  date." 

By  an  oversight  at  de|)artment  headquarters,  this  approval  was  never  promulgated,  and 
so  Major  Perrv  ontinued  iu  service  until  discharged,  October  25,  1865,  as  above  stated. 

E.  D.  TOWNSEND, 

Adjutant  GencraL 


214  DAVIS    HATCH. 

Mr.  SCHURZ.  I  wish  to  ask  ]Mr.  Perry  if  lie  lias  auythiug  to  say  with  regard  to  tliis. 

Mr.  Perry.  Yes,  sir :  a  great  deal  to  say. 

ilr.  Ferrv.  Before  going  into  that  I  wish  you  would  produce  the  documents  to  which 
you  have  alluded  from  General  Sheridan,  General  Buruside,  and  others. 

Mr.  Warner.  I  suppose  I  had  better  finish  the  statement  I  was  presenting. 

Mr.  Ferry.  Certainly,  if  you  have  more  to  present. 

Mr.  Warner.  The  letter  of  Mr.  Perry's,  to  Mhich  allusion  is  made  in  the  abstract  of  the 
Adjutant  General,  is  here,  and,  of  course,  if  Mr.  Perry  desires  that  letter  to  be  presented,  it 
will  go  upon  the  record. 

Mr.  Ferry'.  If  it  is  contemporaneous,  occurring  at  the  time,  I  think  it  should  go  in. 

K.  H.  Perry.  I  would  like  to  have  it  read. 

Mr.  Warner.  It  is  : 

New  Orleans,  February  24,  ]865. 

Colonel:  I  have  the  honor  to  report  some  circumstances  and  evidence  not  produced 
duriug  my  trial,  because  only  learned  since  my  release  from  close  confinement. 

The  sorrel  horse,  which  was  turned  over  to  Captain  Borries  by  me,  was  a  government 
horse,  for  which  I  had  receipted  to  Captain  Chittenden,  acting  quartermaster.  Captain 
Borries  had  frequently  urged  me  to  let  him  have  this  horse,  and  I  finally  turned  it  over  to 

him,  taking  Captain  B 's  receipt  for  him.     This  receipt  was  informal,  but  Captain  B. 

promised  to  give  me  regular  and  formal  receipts  so  soon  as  he  could  obtain  the  necessary 
blanks.  A  few  days  after  this.  Captain  Borries  presented  me  with  a  roan  horse  which,  he 
assured  me,  was  his  own  private  property,  stating  that  he  had  brought  him  from  Missouri. 
I  sold  this  horse,  as  I  liave  never  endeavored  to  conceal,  and  I  informed  the  provost  marshal 
of  the  fact  before  my  arrest.  I  fully  believe  that  this  horse  had  belonged  to  Captain  B.,  and 
that  I  was  doing  no  wrong  in  accepting  him.  I  never  made  the  transfer  of  the  sorrel  horse, 
usual  in  such  cases,  because  I  was  waiting  for  the  regular  receipts. 

About  the  same  time  a  Mr.  Sta])les,  who  is  now  in  New  York,  bought  six  mules  of  Captain 
Borries,  for  which  he  paid  $700,  and  sold  the  same  to  a  Mr.  lio£rers,  proprietor  of  the  Fashon 
stable,  in  this  city,  for  .si, 000.  Mr.  liogers  iiolds  Mr.  Staples's  receipt  for  that  amount,  and 
will  produce  it  whenever  called  upon,  and  will  give  any  information  regarding  the  transac- 
tion of  which  he  is  possessed.  Captain  B.  represented  these  mules  as  being  his  own  property, 
and,  I  have  learned,  did  oti'er  them  for  sale  in  several  public  places,  once  to  a  Mr.  Philip 
Doph.  My.  Staples  informed  me  that  Captain  B.  had  represented  to  him  that  he  had  six 
mules,  his  private  property,  and  that  he  had  re{)orted  them  as  sudi  at  headquarters,  and 
that  he  would  sell  them.  I  advised  Mr.  Staples  to  have  nothing  to  do  with  them;  but  he, 
contrary  to  my  advice,  bought  these  mules  unbeknown  to  me.  In  my  defense  I  produced  two 
witnesses  wiio  testified  that  they  luid  heard  Borries  and  Staples  agree  to  say  nothing  to  me 
about  it.  These  witnesses  were  Tracey  and  a  colored  man.  I  wrote  to  Captain  Borries  to 
send  me  two  teams  to  draw  sawdust.  He  sent  me  twelve  mules,  two  wagons,  harness,  &-c. 
These  mules  I  was  accused  of  disposing  of.  As  I  hold  proper  and  formal  receipts  for  these 
wagons,  mules,  &c.,  this  cliarge  falls  to  the  ground.  On  the  morning  I  received  these  mules, 
&c.,  a  detective  called  upon  mo  and  asked  mo  several  questions  about  stock,  (mules  and 
horses.)  I  told  him  all  I  knew  about  the  circumstances,  and  ofiered  to  go  to  the  provost  mar- 
shal and  explain  the  whole  matter;  he  refused  to  accompany  me.  1  called  immediately  upon 
Colonel  Robinson,  provost  marshal  general;  he  told  mo  he  knew  nothing  of  the  case,  and 
referred  mo  to  Captain  Cheek,  who  told  me  that  the  whole  matter  had  been  misrepresented, 
and  he  was  very  sorry  that  I  had  been  put  to  any  trouble.  Captain  Borries  had  disjiosed  of 
other  property  on  several  occasions,  but  I  was  not  aware  of  it  when  1  received  the  roan 
horse,  and  only  learned  of  liis  bad  conduct  since  my  arrest.  Tlie  reason  I  did  not  return 
the  mules,  &c.,  to  Captain  P>.  w.in  that,  after  this  visit  from  the  detective,  I  feared  some 
trouble  was  rising,  and  kept  them  that  I  might  transfer  tlieiu  to  some  ])roper  )iersou. 

I  have  stated,  to  the  best  of  my  ability,  the  circumstaiu-es  connected  with  my  arrest,  and 
I  hope  that  I  may  be  allowed  to  enter  upon  the  coming  campaign,  feeling  confident  that  any 
impression  of  indi.scretion,  or  lack  of  judgment  on  my  part,  will  be  done  away  with,  and  1 
can  prove  myself  worthy  of  my  name,  wjiich  has  always  stood  bright  among  the  tiefenders 
of  our  country. 

I  liavc  tlie  hoiu)r  to  be,  your  dbedient  servant, 

];AVM0N1)  H.  PKliRV, 
Miijur  Third  Khodr  Island  Cavalry. 
Geokc;k  I!.  Drake, 

Coloitii  and  Adjiituul  (Irnr.ral,   Dcpurlmi nl  uf  tin   (Jtilf. 

Ilcri^  is  his  discharge: 

[.Si)cc1h1  Oi(Iri).  No.  fi8— Kxfnict.l 
[  TlEADqiAHTI-RS    MILITARY     DlMSION    Oi'   THE   (itLl', 

AV;r  Or/riiiis,  La.,   Ortiihcr '2^),  1655.1 

•  «  •  •  v  *  » 

2.    Major  Phvii  oi;d  H.  Pcny,  '.',d  Rhode  Island  (avaliy.  hiiviiig  lendered  his  resignation. 


DAVIS    HATCH.  215 

is,  upon  the  rccoinnieuJution  ot"  his  superior  oflicers,  hereby  honorably  discharged  the  ser- 
vice of  the  United  States.  lie  will  receive  no  final  j)ayment  until  he  shall  have  satisfied 
the  Pay  Department  of  his  non-indebtedness  to  the  government. 

#  *  *  *  i.  -.■  li 

By  command  of  Major  General  P.  II.  Sheridan  : 

GEORGE  LEE, 
Assistant  Adjutant  General. 

OfBcial :  T.  H.  C.  5I00RE, 

Assistant  Adjutant  General. 

I  present  the  following  papers  in  this  connection : 

[Special  Orders  No.  302.— Extract.] 

Headquarters  Defenses  of  New  Orleans, 

New  Orleans,  December  9,  1864. 

4.  *  *  Pursuant  to  instructions  from  department  headquarters,  the  provost  marshal, 
parish  of  New  Orleans,  will  immediately  arrest  and  place  in  close  confinement  Major  Ray- 
mond H.  Perry,  Third  Rhode  Island  cavalry,  *  *  *  amJ  Jiold  them  pending  trial  by 
general  court-martial. 

By  command  of  Brigadier  General  Sherman  : 

FREDERIC  SPEED, 

Assistant  Adjutant  General. 


[Special  Orders  Xo.  3G. — Extract.] 

Headquarters  Department  of  Louisiana, 

Ncio  Orleans,  Louisiana,  August  22,1865. 

3.        *        *        Major  R.  H.  Perry,  Third  Rhode  Island  cavalry,  is  hereby  relieved  from 
his  present  duties,  and  will  rejoin  bis  regiment  without  delay. 

By  order  of  Major  General  E.  R.  S.  Canby : 

WICKHAM  HOFFMAN, 
Assisstant  Adjutant  General. 
Official : 

NATHANIEL  BURBANK, 
^rst  Lieutenant,  Acting  Assistant  Adjutant  General. 


[Special  Orders  No.  77. — Extract.  | 

Headquarters  Department  of  Louisiana, 

NeiD  Orleans,  Louisiana,  October^,  1865. 
I.  Leave  of  absence  for  twenty  (20)  days,  based  on  surgeon's  certificate  of  disability,  with 
permission  to  go  beyond  the  limits  of  this  department,  is  hereby  granted  to  Major  Raymond 
H.  Perry.  Third  Rhode  Island  cavalry. 

By  order  of  Major  General  E.  R.  S.  Canby  : 

WICKHAM  HOFFMAN, 

Assistant  Adjutant  General. 
Ofiicial : 

NATHANIEL  BURBANK, 
First  Lieutenant,  Acting  Assistant  Adjutant  General. 


[Special  Orders  No.  53. — Extract. 1 

Headquarters  Department  of  the  Gulf, 

lSe^D  Orleans,  February  25,  1865. 


4.  *  *  The  proceedings  of  the  court-martial  in  the  case  of  Major  R.  H.  Perry,  Third 
Khode  Island  cavalry,  are  held  under  advisement. 

Major  Perry  is  released  from  arrest,  and  on  the  request  of  Brigadier  General  Lucas,  is 
ordered  to  report  to  him  for  active  duty. 


216  DAVIS    HATCH. 

He  will  report  every  ten  days  in  writin;^  to  this  office,  and  to  the  coininandinj^  officer  of 
his  regiment, 

By  command  of  Major  General  Hurlbut : 

J.  C.  STONE, 
Captain  and  Assistant  Adjutant  General. 


Depot  General  Eecruitixg  Service, 

Depautment  op  the  Gulf, 

New  Orleans,  La.,  December  i"2, 1864. 
Captain  :  I  have  the  honor  to  request  instructions  regarding  the  disposition  to  be  made 
of  two  six-mule  teams,  with  wagons,  now  in  this  department,  and  for  which  the  post  quar- 
termaster is  not  accountable. 

As  far  as  I  can  understand  they  were  borrowed  for  the  purpose  of  hauling  sawdust  by 
Major  R.  H.  Perry,  then  in  command,  some  seven  or  eight  days  ago.  Major  Perry  has  since 
been  an'ested,  and  I  have  not  been  able  to  gain  any  information  from  him.  No  claim  has 
been  made  by  any  party,  and  as  I  believe  them  to  be  government  property  I  would  suggest 
that  they  be  turned  in  to  the  post  quartermaster,  to  be  held  until  it  can  be  ascertained  to 
what  command  they  belong, 

I  remain,  very  respectful!}',  your  obedient  servant, 

A.  J.  BABY, 
first  Lieut.  First  Louisiana  Cavalry,  Com'g  Depot. 
Captain  Sheldon  Sturgeon, 

Supt.  Vol.  Recruiting  Service,  Department  of  the  Gu'f. 

[Indorsements.] 

General  Depot  Recruiting  Service, 

New  Orleans,  December  12,  1864. 
A.  J.  Baby,  first  lieutenant  commanding  depot,  requests  information  concerning  certain 
government  property  not  accounted  for  by  the  acting  assistant  post  quartermaster. 

Superintendent's  Office,  Volunteer  Recruiting  Service, 

December  14,  16G4. 
Respectfully  returned  to  Lieutenant  A.  J.  Baby,  comnunanding. 

These  animals,  with  the  wagons,  will  be  turned  in  to  the  quartermaster's  department, 
.subject  to  the  order  of  regiment  or  battery  to  which  they  belong  ;  eftbrts  have  been  made  but 
without  success  to  communicate  with  Major  Perry  regarding  the  command  from  which  they 
were  boiTowed. 

SHELDON  STURGEON, 
Captain  First  Infantry  U.  S.  A.,  Superintendent  Recruiting  Service. 

Depot  General  Kecruitixc;  Service, 

December  14,  1864. 
Respectfully  rtferrod   to  acting  post  quartermaster  with  reference  to  Captain  Sturgeon's 
indoreement. 

A.  J.  BABy, 
First  Lieutenant  First  Louisiana  Cavalry,  Commanding  Fast. 

Qi  Aii'rKR.MA.sir.u'.s  Oi  ricE  Von  ni  kek    K'l.i  hi  ii'in(;  Service, 

January  16,  J  1^65. 
Respectfully  returned  to  Lieutenant  A.  .1.    ISuby,  ^vitll  the  information  that  the  within- 
mentioned  mules  and  wagons  havc!  bi'eii  lurncd  into  Caj)tain  Chittenden,  acting  quartermas- 
ter, and  the  proprr  receii>t8  taken. 

C.  IF.  ROBERTS, 
First  Liiut.  Ninety-second  U.  S.  C.  I.  and  A.  A.  (^.M.  lid.  liic'g  Service, 

IJijxirlment  of  the  Gulf. 

Tnie  copy  ot  the  original  indorsements  : 

SHELDON  STURGEON, 
Colonel  and  Superintendent  Fvluntcer  Jlccruiling  Service. 


DAVIS   HATCH.  217 

Received  at  New  Orleans,  Louisiana,  oa  the  12tb.  of  December,  1865,  of  Lieutenant  C. 
H.  Roberts,  actinj^  assistant  quartermaster,  the  following  quartermaster's  stores: 
Twelve  mules,  serviceable. 
Two  wagons,  serviceable. 
Four  sets  wheel  harness,  serviceable. 
Eight  sets  lead  harness,  serviceable. 

C.  B.  CHITTENDEN, 
Cuptalii,  Assistant  Quarter  master  Volantecrs. 

I  certify  that  the  above  is  a  true  copy  of  the  original. 

M.  E.  IMBERT, 
Second  Lieutenant  Seventy-third  U.  S.  Colored  Infantry, 
Detached  in  Quartermaster's  Department,  liecruiting  Service  Department  of  the  Gulf. 


New  Orleans,  February  24,  1865. 
CoiiONEL :  I  have  the  honor  to  report,  by  jour  request,  Mr.  Staples's  full  name,  which  is 
as  follows  :  Ernest  Staples,  33  Bond  street.  New  York  City.  I  also  take  the  liberty  of  re- 
ferring you  to  persons  in  this  city  who  know  him  and  his  family  well :  Bradis  Johnson,  at 
the  St.  Charles  Hotel;  W.  M.Abbott,  103  Poydras  street;  and  D.  A.  Dwight  &  Co.,  171 
Gravier  street. 

I  have  the  honor  to  be,  your  obedient  servant, 

RAYMOND  H.  PERRY, 
Major  Third  Rhode  Island  Cavalry. 
George  B.  Drake, 

Lieutenant  Colonel  and  Assistant  Adjutant  General  Department  of  the  Gulf. 


New  Orleans,  February  24,  1S65. 
Colonel  :  On  or  about  the  sixth  of  December  I  purchased  from  Mr.  Ernest  Staples  six 
mules  for  the  sum  of  one  thousand  dollars,  for  which  amount  I  hold  his  receipt,  which  mules 
he  brought  to  my  stable.  They  had  no  brands  oii  them  of  any  kind.  There  were  five  brown 
and  one  sorrel;  the  sorrel  one  having  a  crooked  leg,  with  no  other  particular  marks,  which 
I  sold  to  different  parties  in  about  two  or  three  weeks  after. 
I  remain,  very  respectfully,  your  obedient  servant, 

W.  N.  ROGERS. 
Colonel  George  B.  Drake, 

Assistant  Adjutant  General  Department  of  the  Gulf. 


New  Orleans,  October  23,  1865. 
Major  Wtckham  Hoffman, 

Assistant  Adjutant  General  Department  of  Louisiana  : 
I  have  the  honor  to  tender  my  resignation  as  Major  Third  Rhode  Island  cavalry.     Having 
been  in  the  service  since  the  commencement  of  the  war,  and  now  having  an  excellent  oppor- 
tunity to  enter  business,  I  most  respectfully  request  my  resignation  be  accepted,  as  delay 
would  affect  my  plans  for  the  future. 

I  have  the  honor  to  be,  very  respectfully,  your  obedient  servant, 

RAYMOND  H.  PERRY, 
Major  Third  Rhode  Island  Cavalry. 

[Indovscments.] 

New  Orleans,  La.,  October  2:\  1865. 
R.  H.  Perry,  Third  Rhode  Island   cavalrj',  respectfully  tenders  his  resignation,  for  the 
reason  that  he  has  an  excellent  opportunity  to  go  into  business,  and  that  a  delay  would 
injure  his  prospects. 

New  Orleans,  La.,  October  23,  1865. 
Approved  and  respectfully  forwarded. 

WILLIAM  SAYLES, 
Colonel  Third  Rhode  Island  Cavalry. 


218  DAVIS    HATCH. 

Headquarters  Department  of  Louisiana, 

Nfw  Orleans,  October  23,  1865. 
Respectfully  forwarded  to  headquarters  Division  of  the  Gulf. 
Disapproved : 

ED.  E.  S.  CANBY, 
Major  General  CommundiDg. 

Headquarters  Military  Division  ok  the  Gulf, 

Keic  Orleans,  La.,  October  2(),  1865. 
Special  Order  No.  88,  extract  2,  date  October  25,  1865.     Respectfully  forwarded  to  the 
Adjutant  General  of  the  army. 
Accepted : 

P.  H.  SHERIDAN, 
Major  General  Commanding. 


Headquarters  Artillery,  Second  Division,  Second  Corps, 

Bolivar,  October  14,  1862.  • 
General:  Heariup^  that  a  request  for  the  revocation  of  the  order  acccptinj^  the  resigna- 
tion of  First  Lieutenant  R.  H.  Perry,  Battery  B,  First  Rhode  Island  lig-ht  artillery,  is  to 
be  made  to  you,  I  would  respectfully  represent  that  it  is  for  the  interest  of  the  service  that 
Lieutenant  Perry  ceases  to  be  an  officer  of  Battery  B,  First  Rhode  Island  lig^ht  artillery, 
and  would  request  that  the  order  accepting  his  resignation  may  not  bo  revoked. 

I  have  the  honor  to  remain,  general,  very  respectfully,  your  obedient  servant, 

J.  A.  TOMPKINS, 
Captain  First  R.  I.  Light  Artillery,  Comvianding  Artillery  of  Division. 
Brigadier  General  S.  Williams, 

Assistant  Adjutant  General,  Army  of  Potomac. 

[Intlorseiuent.s.] 

Headquarters  Second  Division,  Second  Army  Corps, 

Harper's  Ferry,  October  14,  1862. 
J.  A.  Tompkins,   Captain  First  Rhode  Island   artillery,  represents  that  it  would  be  for 
the  interest  of  service  for  the  resignation  of  Lieutenant  R.  H.  Perry,  First  Rhode  Island 
artillery,  not  to  be  recalled. 

Office  of  the  Chief  of  Artillery,  Second  Army  Corps, 

Harper's  Ferry,  October  14,  1862. 
From  the  information  I  have  of  this  officer,  I  think  the  interest  of  the  service  demands 
that  he  should  not  be  allowed  the  privilege  [even  if  he  has  the  right]  of  recalling  his  resig- 
nation. If  he  should  be  allowed  the  privilege,  th^re  is  no  doubt  but  that  he  would  be 
driven,  by  the  sentence  of  a  general  court,  under  the  forty-Hfth  and  other  articles  of  war, 
from  the  service. 

C.  H.  MORGAN, 
Captain  Fourth  Artillery,  Commanding  Artillery  Second  Corps 


Headquarters  Battery  B,  Ixiiode  Island  liicMir  Artillery, 

Bolivar  Heights,  October  i>,  1862. 
Captain  :   I  linve  the  honor  to  tender  my  resignation  as  first  lieutenant  of  Battery  B, 
lihodc  Island  light  artillrry.     I  wish  to  enter  another  branch  of  the  service. 
Respectfully  referred. 

RAYMOND  H.  PERRY, 
First  lAeiitenaiit  liiillrry  B,  Rhode  Island  Light  Artillery 
John  G.  Hazard, 

Captain  Commanding  Batli  ry  li,  Rhodi:  fsliinil  Light  Arlillrry. 

I  Iinl'11-.siiiirnt.s.  I 

Headquarters  Battery  B,  FntsT  Rhode  Island  Lkjiit  Artillery, 

Ifolirar,  la.,  October'.),  1862. 
Approved  and  respectfully  referred  to  Captain  .1.  A.  'JV)Mii)kins,  commanding  artillery  ol 
division,  Second  Corps  de  Arnn'-e. 

.7 NO.  G.  hazard, 
Cajitain  First  Rhoile  Island  Light  Artillery. 


DAVIS   HATCH.  219 

Hlauqlahteiis  Artiixerv,  SiocoNi)  Div  i.siox,  Second  Coups, 

Bolivar,   Fa.,  October  iO,'[8G2. 

Approved   and    respectfully  referred  to  Brigadier  Glcueral  O.  O.  Howard,    commandiug 
Second  Division,  Second  Corps  do  Arni6o. 

J.  A.  TOMPKINS, 
Cup!.  1st  R.  I.  L.  A.,  Commanding  Artillery  of  Division. 

IIeaduuarters  Second  Division,  Second  Corps, 

October  10,  1862. 


Eespectfully  forwarded  and  recommended. 


Respectfully  forwarded  and  approved. 


O.  O.  HOWARD, 
Brigadier  General  Commanding  Division. 

Headquarters  Second  Corps, 

October  10,  1862. 

D.  N.  COUCH, 

Major  General. 


[Special  Orders  Ko.  278.— Extract.) 

Headquarters  Army  of  the  Potomac, 
Camp  near  Knoxvillc,  Md.,  October  11,  1SG2. 
J.  The  following  named  officers,  havins:  tendered  their  resignations,   ara  honorably  dis- 
charged from  the  military  service  of  the  United  States : 

First  Lieutenant  li.  H.  Perry,  Battery  B,  Rhode  Island  artillery. 

*  *  ^'5  *  ^;-  \^  *  * 

By  command  of  Major  General  McClellan  : 

S.  WILLIAMS, 
Assistant  Adjutant  General. 


[Special  Orders  Ko.  280.— Extract.] 

Headquarters  Army  of  the  Potomac, 

Camp  near  Knoxvillc,  Maryland,  October  \2,  1862. 

13.  *  *  *  So  much  of  paragraph  ].  Special  Orders  No.  278,  of  October  1 1,  1862, 
as  accepts  the  resignation  of  First  Lieutenant  li.  H.  Perry,  Battery  B,  Rhode  I.sland  artillery, 
is  hereby  revoked. 

By  command  of  Major  General  McClellan  : 

S.  WILLIAMS, 
Assistant  Adjutant  General. 


[Special  Orders  No.  281. — Extract.] 

Headquarters  Army  of  the  Potomac, 

JJamp  near  Knoxville,  Md.,  October  14,  1362. 

#  7^  ■>?  -TT  J-  -Jf  * 

6.  *  *  So  much  of  Special  Orders  No.  280,  of  yesterday's  date,  as  revokes  the 
order  accepting  the  resignation  of  First  Lieutenant  R.  H,  Perry,  First  Rhode  Island  artil- 
lery, is  recalled.  Lieutenant  Perry  will  accordingly  be  considered  as  honorably  discharged 
from  the  military  service  of  the  United  States  from  the  date  of  the  order  accepting  his  resig- 
nation. 

By  command  of  Major  General  jMcClellan  : 

S.  WILLIAMS. 
Assistant  Adjutant  General. 

I  think,  on  reflection,  it  would  perhaps  be  better  to  put  in  the  whole  record  of  the  proceed- 
ings of  the  court-martial  that  tried  Major  Perry  at  New  Orleans.  Perhaps  that  ought  to  be 
done,  in  justice. 

The  record  was  received,  and  is  as  follows : 


220  DAVIS    HATCH. 

Proceedhiijs  of  a  general  court-martial  which  convened  at  Xtiv  Orleans,  Louisiana,  hi/  virtue 
of  Special  Orders,  of  which  the  following  are  copies  : 

[Special  Orders  No.  31].] 

Headquarters  Defenses  New  Orleans, 

Xew  Orleans,  December  20,  1864. 

[Extract.] 

1.  A  general  coiirt-mavtial  is  hereby  appointed  to  meet  in  this  city,  on  Thursday,  De 
cember  22,  1864,  at  9  o'clock  a.  m.,  or  as  soon  thereafter  as  practicable,  for  the  trial  of  Major 
Raymond  H.  Perry,  Third  Rhode  Island  cavalry,  and  such  other  prisoners  as  may  be  properly 
brought  before  it. 

Detail  for  the  court:  1.  Colonel  W.  C.  Holbrooh,  Seventh  Vermont  veteran  volunteers. 
2.  Lieutenant  Colonel  .J.  A.  Burdett,  Seventy -seventh  Illinois  volunteers.  3.  Major  Jesse 
S.  Miller,  Eleventh  Wisconsin  volunteers.  4.  Major  C.  C.  Pike,  Seventy-fourth  United 
States  colored  infantry.  5.  Major  Theodore  Ketchum,  Ninety-third  United  States  colored 
infantry.  6.  Captain  Salmon  Dutton,  Seventh  Vermont  veteran  volunteers  7.  Captain 
Chambers  Cox,  First  Indiana  heavy  artillery.  Captain  O.  F.Avery,  Thirty- eighth  Iowa 
volunteers,  judge  advocate. 

No  other  officers  than  those  named  can  be  assembled  without  manifest  injury  to  the  ser- 
vice. 


By  command  of  Brigadier  General  Sherman 


FREDERIC  SPEED, 

Assistant  Adjutant  General. 


New  Orleans,  La.,  January  6,  1S65, 
The  court  then,  at  3  o'clock  p.  m.,  adjourned  to  meet  at  10  o'clock  a.  m.  to-morrow,  the 
7th  instant. 

New  Orleans,  La.,  January  7,  1S65 — 10  o'clock  a.  m. 

The  court  met  pursuant  to  adjourinneut  and  above  orders.  Present :  Colonel  W.  C.  Hol- 
brook.  Seventh  Vermont  veteran  volunteers' ;  Major  Jesse  S.  Miller,  Eleventh  Wisconsin 
volunteers  ;  Major  C.  C.  Pike,  Seventy-fourth  United  States  colored  infantry  ;  Major  Theo- 
dore Ketchum,  Ninety-third  United  States  colored  infantry;  Captain  Salmon  Dutton,  Sev- 
enth Vermont  veteran  volunteers;  Captain  Chambers  Cox,  First  Indiana  heavy  artillery  ; 
Captain  O.  F.  Avery,  Tliirty-eighth  Iowa  volunteers,  judge  advocate.  Absent:  Lieutenant 
Colonel  J.  A.  Burdett,  Seventy-seventh  Illinois  volunteers,  he  having  been  lion orably  dis- 
charged the  service  of  the  United  States. 

The  court  then  proceeded  to  the  trial  of  Major  Raymond  IT.  Perry,  Third  Rhode  Island 
cavalry,  who  was  called  before  the  court,  and  liaving  heard  the  order  appointing  tlio  court 
read,  was  asked  if  he  had  any  objection  to  any  of  the  members  named  therein ;  to  which  he 
replied  in  the  negative. 

The  accused  having  no  objection  to  any  of  the  members,  the  court  was  then,  in  presence 
of  the  accused,  duly  sworn  by  the  judge  advocate,  and  the  judge  advocate  was  duly  sworn 
by  tlie  president  of  the  court. 

The  accused  applied  to  the  court  to  be  i)crrnitted  to  introduce  W.  W.  Howe,  esq.,  as 
liis  counsel,  which  application  was  granted,  and  he  appeared  as  counsel  for  tlie  ac- 
cused. 

The  accused,  Major  liaymond  H.  Perry,  Third  Rhode  Island  cavalry,  was  then  arraigned 
on  the  following 

niARGES    AND    SI'r.CirK'ATIONS. 

CllAli<;r;  I. — Selling  and  disposing  of  government  ])ropcrty  furnished  for  the  military  ser- 
vice of  the  United  States,  wrongfully  ami  knowingly,  in  violation  of  an  act  of  Congress  ap- 
jiroved  March  2,  IHti^. 

Spf.rification  I. — In  this:  That  he,  .Nlajor  R'ayinond  H.  Perry,  Third  Rhode  Island 
cavalry,  liaving  rcccjjved  from  ('aplain  llcniian  lUirrics,  Second  IHinois  light  artillery, 
a  certain  liorsc,  the  property  of  tlic  United  States,  which  liad  be(;n  in  the.  jiossession 
of  the  said  Captain  Borries,  for  the  use  and  jiroper  (■(|ui])tnent  of  tiio  comj)any  of  light 
artilkrry  under  his  coinmand;  and  he.  Raid  Major  Raymond  H.  I'erry,  well  knowing 
.said  horse  to  bo  government  property,  and  was  to  be  used  in,  and  had  been  furnished 
lor,  the  military  service  of  thc^  Unitecl  Stal<'H,  did  wrongfully  and  knowingly  scill  and  dis- 
pose of  the  same  to  one  W.  N.  Rogers,  a  citi/.cn,  for  the  sum  of  one  liundred  and  fifty 
dollars.     All  this  on  or  about  tlie  2'M\  day  of  November,  1864,  at  New  Orleans,  Louisiana. 


DAVIS    HATCH.  221 

specification  2. — In  lliis  :  That  lip,  i\Iajor  Kaynioiid  H.  I'eiry,  Tliiid  lihoJe  Island  cavalry, 
baving  received  IVom  Captain  Ilerinau  Ijorries,  Second  Illinois  light  artillery,  six  mnles,  the 
property  of  the  United  States,  which  had  been  in  the  possession  of  the  said  Captain  Borrics, 
for  the  use  and  proper  efjuipment  of  tlie  conijiany  of  light  artillery  under  his  command,  and 
he,  said  Major  Kaymond  II.  Perry,  well  knowing  that  said  mules  were  government  property, 
and  had  been  used  in,  and  were  famished  for,  the  military  service  of  the  United  States,  did 
wrongfully  and  knowingly  sell  and  dispose  of  said  mules.  All  this  on  or  about  the  20th 
day  of  November,  IStJl,  at  New  Orleans,  Louisiana. 

Specification  '.\. — In  this:  That  he.  Major  Raymond  H.  Perry,  Third  Rhode  Island  cavalry, 
having  received  from  Lieutenant  Henderson,  acting  post  quartermaster  for  the  recruiting 
depot  under  command  of  said  Major  Perry,  a  certain  mule,  the  property  of  the  United  States, 
and  well  knowing  said  mule  to  be  the  property  of  the  United  States,  and  that  it  had  been 
furnished  for,  and  was  to  be  used  in,  the  military  service  of  the  United  States,  did  wrong- 
fully and  knowingly  sell  and  dispose  of  said  mule  to  some  person  whose  name  is  unknown. 
All  this  at  New  Orleans,  Louisiana,  on  or  about  the  20th  day  of  November,  18G4. 

Chaijge  II. — Entering  into  a  combination  to  defraud  the  government  of  tlie  United 
States,  by  assisting  to  obtain  the  allowance  of  a  fraudulent  claim,  in  violation  of  an  act  of 
Congress  approved  IMarch  2,  J8o2. 

Specification. — In  this:  Tiiat  he,  IMajor  Raymond  H.  Perry,  Third  Rhode  Island  cavalry, 
did  combine  with  Captain  Herman  Borries  to  defraud  tlie  government  of  the  United  States, 
in  order  to  obtain  the  allowance  of  a  fraudulent  claim,  and  did,  in  furtherance  of  said  com- 
bination, receive  from  Captain  Herman  Borries  a  certain  horse,  th(!  property  of  the  United 
States,  and  though  well  knowing  said  horse  to  be  the  property  of  the  United  States,  did 
deliver  said  horse  to  one  W.  N.  Rogers,  a  citizen,  and  did  cau-e  the  said  W.  N.  Rogers  to 
offer  said  horse  for  sale  to  the  government  of  the  United  States;  and  said  horse,  at  the  insti- 
gation and  with  the  full  knowledge  and  consent  of  said  Raymond  H.  Perry,  was  sold  to  the 
government  of  the  United  States,  and  the  sum  of  one  hundred  and  sixty-five  dollars  was 
allowed  for  the  same  to  said  Rogers,  which  said  claim  against  the  government  of  the  United 
States,  so  arising  and  allowed  as  aforesaid,  was  fraudulent  in  this,  that  the  said  horse,  at  the 
time  it  was  sold  to  the  government  as  aforesaid  by  the  said  Rogers,  was  already  the  property 
of  the  United  States,  and  the  said  IMajor  Perry  assisted,  in  the  manner  above  set  forth,  in 
obtaining  the  allowance  of  said  fraudulent  claim  of  one  hundred  and  sixty-live  dollars,  and 
did  receive  from  said  Rogers  the  sum  of  one  hundred  dollars,  and  agree  to  receive  the  fur- 
ther sum  of  fifty  dollars  as  a  portion  of  the  proceeds  of  said  fraudulent  claim.  All  this  on 
or  about  the  2'Jth  day  of  November,  1864,  at  New  Orleans,  Louisiana. 

CuAllGE  III. — Couibining  and  assisting  to  defraud  the  government,  to  the  prejudice  of 
good  order  and  military  discipline. 

Specification. — In  this  :  That  he.  Major  Raymond  H.  Perry,  Third  Rhode  Island  cavalry, 
did  combine  with  Captain  Herman  Borries,  Second  Illinois  light  artillery,  one  Staples,  and 
others  unknown,  to  defraud  the  government  of  the  United  States,  by  assisting  to  sell  and 
dispose  of,  for  their  nnitual  beuetit,  certain  horses  and  mules,  the  property  of  the  United 
States,  for  which  said  Captain  Herman  Borries  was  responsible,  and  which  were  then  in 
his  possession  ;"  and  in  furtherance  of  said  combination,  did  receive  of  said  Captain  Borries, 
on  the  2Uth  da}-  of  November,  18G4,  six  of  said  government  mules,  and  on  the  25th  day  of 
Noreiiiber,  1864,  one  of  said  government  horses,  and  on  the  30th  day  of  November,  1864, 
twelve  other  of  said  government  mules.  An3  he,  said  Raymond  H.  Perry,  well  knowing 
said  horse  and  mules  to  be  government  propert}%  and  that  they  had  been  used  in,  and  were 
furnished  for,  the  military  service  of  the  United  States,  did  receive  the  same  for  the  purpose 
of  selling  and  disposing  of  the  same  for  the  mutual  benefit  of  himself  and  the  parties  to  said 
combination,  and  did  sell  and  dispose  of  said  horse  and  assist  in  disposing  of  said  six  mules, 
the  property  of  the  United  Stales  a,s  aforesaid,  for  the  mutual  benefit  of  himself  and  the  par- 
ties to  said  combination. 

All  this  on  or  about  and  between  the  20th  and  30th  days  of  November,  J8G4,  at  New 
Orleans,  Louisiana. 

To  which  charges  and  specifications  the  accused  pleaded  as  follows  : 

To  1st  specification,  1st  charge — "  Not  guilty." 

To  2d  specification,  1st  charge — "Not  guilty." 

To  3d  specification,  1st  charge — "Not  guilty." 

To  1st  charge — "  Not  guilty." 

To  specification,  2d  charge — "Not  guilt}'." 

To  2d  charge — "Not  guilty." 

To  specification,  3d  charge — "Not  guilty." 

To  3d  charge — "Not  guilty." 

W.  N.  Ror.Ens,  a  citizen,  witness  for  prosecution,  sworn  and  examined  in  presence  of  ac    . 
cused. 

By  JuDCiE  Advoc.vi'E  ; 

Question.  State  your  name,  age,  place  of  residence,  and  present  occupation. — Answer. 
W.  N.  Rogers  ;  I  am  fifty-six  years  of  age  ;  I  keep  a  livery  stable  :  I  live  at  335  Common 
street,  this  city  ;  my  stable  is  at  232  Gravier  street. 


222  DAVIS    HATCH. 

Q.  Do  you  kuow  the  accused  ;  if  so,  how  long^  have  you  known  him  ? — A.  I  know  the 
accused  ;  I  think  it  was  ii^  July  last  that  I  lirst  recollect  of  seeing  him. 

Q.  Have  you  ever  purchased  any  horses  of  the  accused?  If  so,  state  when  and  wliere  it 
was,  and  all  the  conversation  with  the  accused,  aud  circumstances  attending  the  sale. — A. 
Well,  I  do  not  know  exactly  whether  I  purchased  a  horse  of  him  or  not ;  I  paid  him  for  a 
horse  which  I  turned  into  government  for  him  ;  I  disremember  the  date  exactly,  but  it  was 
some  six  weeks  ago ;  if  I  mistake  not,  it  was  in  November  I  saw  the  accused  riding  a  horse. 
I  obsei'ved  to  him  :  "  You  are  finely  n'lounted  this  morning."  He  replied  :  "Yes;  I  would 
like  to  sell  you  this  horse."  I  then  told  him  that  I  could  not  buy  thfi  horse  ;  that  it  was  too 
high  a  priced  horse,  probably ;  that  I  could  only  buy  horses  to  turn  into  government.  He 
replied  that  that  was  too  fine  a  horse  for  that ;  that  it  would  make  a  fine  carriage  horse.  A 
few  days  after  this  I  saw  him  again,  and  he  asked  me  vAmt  I  could  give  him  for  the  horse. 
I  told  him  I  could  not  say  what ;  however,  I  observed  to  him  that  I  could  not  give  over  one 
hundred  and  fifty  dollars.  He  then  said  he  thought  he  would  have  to  let  me  have  him.  I 
then  told  him  that  if  the  government  took  him  I  would  give  him  one  hundred  and  fifty  for 
him.  He  asked  me  then  when  they  were  going  to  inspect,  and  I  told  him  to-morrow,  and 
that  if  he  would  bring  him  down  at  nine  o'clock  to-morrow  I  would  show  the  horse.  On 
the  following  morning  he  brought  him  down ;  he  fetched  him  into  the  stables ;  he  then 
asked  me  if  I  had  any  money ;  1  said  yes  ;  he  said  lie  had  a  doctor's  bill  to  pay  that  day,  and 
would  like  to  pay  it ;  I  asked  him  how  much  ;  he  said  seventy-five  dollars  ;  I  handed  him  a 
hundred  dollar  bill ;  I  took  the  horse  and  showed  him  to  the  government,  aud  they  took  him 
and  branded  him  ;  they  allowed  me  one  hundred  and  sixty -five  dollars  for  him — the  inspector 
did  ;  Major  Tracy  was  chief  man  at  the  inspection  ;  I  got  my  voucher  of  Captain  Chitten- 
den ;  I  saw  no  more  of  the  accused,  but  about  two  days  after  I  was  called  up  to  make  an 
affidavit  before  the  judge  advocate  in  regard  to  it ;  the  next  day  after  this  I  saw  the  accused, 
and  told  him  Avhat  had  happened;  I  also  told  him  that  I  heard  evidence  there  about  some 
mules,  »tc.  As  I  told  him  this, 'he  told  me  I  would  have  no  difficulty  in  regard  to  the  mat- 
ter, or  anything  that  I  had  got  of  him;  that  ho  did  business  right ;  tliat  the  mules  were  up 
in  the  yard  yet.  I  think  the  next  time  I  saw  him  he  came  to  the  stable,  and  I  handed  him 
his  fifty  dollars  that  I  owed  him,  the  balance  on  the  horse  ;  I  had  paid  him  a  hundred,  and 
that  morning  I  paid  him  the  other  fifty. 

Q.  State  \vhfcther  any  reason  was  given  by  either  of  you  in  those  conversations  why  j'ou 
could  only  purchase  horses  to  turn  into  the  government ;  if  so,  state  what  the  reason  was, — 
A.  I  think  I  mentioned  to  the  accused  that  I  could  not  purchase  horses  only  to  turn  into 
govenunent  by  reason  of  an  order  which  had  been  issued,  and  that  I  could  only  jiay  such 
j)rice  for  horses  as  would  enable  me  to  turn  them  into  govennnent ;  that  I  would  have  to 
turn  in  enough  and  get  vouchers  to  the  amount  of  one  thousand  dollars,  and  then  there 
would  be  six  per  cent,  off;  and  that  I  could  not  afford  to  pa^'  over  ijjil'iO,  as  I  could  only 
get  $1(50  or  .$170.  I  stated  that  as  a  reason  for  not  paying  him  any  more.  I  also  stated 
to  the  accused  that  he  could  turn  him  in  himself.  He  rejilied  that  he  did  not  have  enough  to 
turn  in  to  come  to  $1,000,  and  that  was  the  reason  why  ho  wanted  me  to  turn  him  in. 

Q.  Describe  the  horse  you  purchased  of  the  accused. — A,  He  was  a  roan  horse — a  red- 
disii  roan.  I  think  he  was  about  sixteen  hands  high — perhaps  might  vary  half  an  inch  one 
way  or  the  other.  He  -was  a  stout,  wvW  ]nit  up  horse,  and  about  eight  or  nine  years  old, 
and  in  good  condition.  I  do  not  think  thercwcre  an}'  other  particular  marks  about  him. 
I  looked  particularly  for  a  government  brand,  and  found  none  on  him.  He  had,  iierhaps, 
a  short  time  before,  a  rope  around  one  of  his  ankles. 

Q.  State  whether  anytliing  was  said  by  the  accused  as  to  whose  liorse  it  was  ;  how  long 
he  iiad  had  him,  and  where  he  got  him  ;  and  if  so,  what? — A.  I  do  not  know  that  anything 
of  this  kind  was  spoken  of. 

Q.  HUiU'.  whether  the;  accused  has  ever  offered  to  sell  j'ou  any  mules,  or  said  anything  to 
you  about  having  any  nniles  for  sale. — A.  He  never  offered  to  sell  me  any,  or  said  anything 
to  me  about  having  any  for  sale.  I  spoke  to  him,  as  I  said  before,  soon  after  making  the 
affidavit  before  the  judge;  advocate,  about  what  I  had  heard  there  in  regard  to  mules.  He 
replied  that  the  mules  were  in  thr  j'ard  ;  he  did  not  say  wlnit  yard. 

By  Acci'Sl^D: 

Q.  To  the  best  of  your  knowledge,  wa.s  the  horse,  when  brought  to  you  by  M;<jor  Perry, 
a  private  horse  or  a  government  liorse? — A.  He  looked  to  me  like  a  jirivate  horse.  If  he 
)iad  been  a  govennnent  liorse  he  ought  to  have  had  brands  on  him,  Init  I  could  sec  nothing 
of  th(;  kind  on  him. 

Q.  Who  iiisjiectcd  this  horse  on  its  sale  to  the  government,  and  ^vas  the  Ikhsc,  or  not, 
carefully  examined  at  such  inspection? — A.  lie  was  examined  by  IMiijur  Tracy,  ('aptain 
IJentley,  and  Licutt^naiit  r>ates,  and  was  carefully  examined.  ]/ieulcnaiit  IJatcs  examined 
him  jiarticularly  fur  tli(^  "  IJ.  S.,"  but  could  find  none  on  him.  Jjieutenant  IJates  is  partic- 
idarly  sharp  in  looking  for  lliese  brand.s. 

(^.  Please  explain  to  the  court  why  Major  I'erry  could  get  his  money  more  <|nickly  by 
selling  the  lior.'-e  through  you  than  by  selling  him  directly  to  the  government.  Are  certifi- 
cates of  indebtedness  issued  for  lesH  than  $1,000  each  / — A.  Ho  sold  him  to  mo  because  as 
soon  as  the  liorse  was  fumed  in  I  was  to  pay  him  the  money  in  cash,  and   ho  did  not  have 


DAVIS    HATCH.  223 

liorses  enoup;li  t(i  turn  in  to  ^'ct  liim  $1,0G0,  and  certificates  of  indebtedness  are  not  issued 
I'orja  less  sum  tlian  .$1,000.     At  that  time  voucliers  were  not  transferable. 

Q.  Did  you  ever,  in  any  way,  agree  with  Major  Perry  to  cheat  or  defraud  the  government 
in  the  matter  of  tliis  horse  ? — A.  I  never  did,  sir.     It  was  never  suggested  to  me. 

Corporal  John  W.  Barnaba,  Company  A,  Second  Illinois  light  artillery,  a  witness  for 
prosecution,  sworn  and  examined  in  presence  of  accused. 

By  Judge  Advocate  : 

Question.  State  your  name,  present  occupation,  and,  if  you  know  the  accused,  how  long 
you  have  known  iiim. — Answer.  John  W.  Barnaba;  I  am  a  corporal  Company  A,  Second 
Illinois  light  artillery;  1  have  seen  the  accused  frequently;  I  have  known  him  by  sio^bt 
between  two  and  three  months — some  three  months. 

Q.  Have  you  ever  seen  the  accused  receiving  a  horse  from  Captain  Borries,  Second  Illi- 
nois light  artillery  ?  If  so,  state  when  and  where  it  was,  and  all  you  saw  of  the  conduct  and 
heard  of  the  conversation  of  the  parties  at  the  time  the  horse  was  delivered  to  the  accused. — 
A.  He  took  a  horse  from  our  yard  once — a  roan  horse — and  left  another  sorrel  horse  in  the 
place  of  him,  as  I  understood  it.  I  saw  them  in  the  yard  together  two  or  three  times  before 
the  horse  w-as  taken  awa}'.  The  captain — Captain  Borries — was  looking  at  this  roan  horse, 
and  called  me  up  and  asked  me  if  I  thought  this  roan  horse  would  Avork  in  harness.  Major 
Perry  was  also  piesent  at  the  time,  looking  at  that  horse  and  other  horses.  I  told  him  I  had 
never  tried  him ;  I  had  never  harnessed  him.  By  their  conversation  I  learned  that  they 
were  talking  about  changing  horses  or  trading  horses.  At  that  time  they  had  reference  to 
the  roan  horse  and  the  sorrel  horse.  The  captain  remarked  to  the  accused  that  he  wanted  a 
good  saddle-horse.  I  think  the  accused  remarked  that  his  horse,  the  sorrel,  was  a  good 
saddle-horse — smart — that  "he  had  ridden  him  a  good  deal.  He  was  thin  in  flesh.  I  do  not 
remember  whether  this  sorrel  horse  was  brought  there  this  same  day  or  a  day  or  two  before. 
I  know  that  he  w-as  there  two  or  three  days  before  the  roan  horse  was  taken  away.  A  daj- 
or  two  after  this  conversation  the  accused  was  in  there  again  with  Captain  Borries,  and 
took  the  roan  horse  and  had  a  colored  man  put  the  saddle  on  him.  I  got  on  to  the  horse 
and  rode  hiui  out  into  the  street,  so  that  they  could  see  iiow  he  moved.  The  accused  asked 
the  colored  man  to  get  on  him  first,  but  he  acted  as  though  he  was  afraid,  and  so  I  said  I 
would  get  on  him.  After  I  got  oft',  the  accused  got  on  the  horse  and  rode  him  up  a-nd  down 
the  street  some  once  or  twice,  and  then  rode  him  off,  after  he  and  the  captain  had  had  some 
little  conversation,  I  could  not  tell  what  about. 

Q.  Did  you  see  them  doing  anything  with  or  to  the  sorrel  horse  at  any  of  these  times  ? — 
A.  They  went  and  were  looking  around  him,  and  speaking  of  him  as  being  a  nice,  fast 
horse — fast  to  run.     The  accused  spoke  of  him  as  being  fast  to  run. 

Q.  State  whether  you  heard  anything  said  by  either  of  the  parties,  at  either  of  these  times, 
as  to  the  ownership  of  these  horses,  or  when  and  how  they  had  been  used. — A.  I  do  not 
think  I  did,  sir,  at  the  time  ;  not  to  my^recoUection.  I  heard  him  call  the  sorrel  horse  his 
horse,  is  all.  I  do  not  know  that  I  ever  heard  the  captain  say  smy thing  to  the  accused  as  to 
how  the  roan  horse  was  irsed. 

Q.  State  where  the  government  horses  of  the  battery  were  kept,  and  where  the  private 
horses  were  kept,  and  where  the  roan  horse  was  ke})t. — A.  I  did  not  know  that  there  were 
any  private  horses  in  the  battery.  There  are  horses  which  the  ofhcers  claim,  but  I  do  not 
know  that  they  own  them.  The  horses  claimed  by  the  officers  as  their  oavu  were  kept  in 
the  sheds  and  stalls  furthest  from  Eeligious  street,  where  any  horses  were  kept.  The  camp 
fronts  on  Religious  street.  The  government  horses  we  kept  next  to  Religious  steeet.  Two 
or  three  horses — the  one  I  rode  and  one  other — were  kept  in  the  same  row  of  stalls  with  the 
horses  claimed  by  the  officers.  The  row  of  stalls  where  the  officers'  horses  were  kept  was 
some  twenty  to  twenty-live  feet  from  the  stalls  where  the  horses  used  by  the  non-commis- 
sioned officers  were  kept.  The  team  horses  were  kept  in  the  department  next  to  Religious 
street.  This  department  was  divided  by  a  brick  wall  from  that  where  the  officers'  hordes 
were  kept.  This  roan  horse  was  kept  in  the  stalls  occupied  by  the  horses  used  by  the  non- 
commissioned officers,  that  is,  between  the  officers'  horses  and  the  team  horses — in  a  row  of 
stalls  separate  from  the  officers'  horses.  The  sorrel  horse  Avas  put  in  the  tier  of  stalls  with 
the  officers'  horses. 

Q.  Describe  the  sonel  horse,  and  state,  if  you  know,  whether  it  was  a  government  horse 
or  not. — A.  The  sorrel  horse  was  a  nice,  small  horse,  about  fifteen  hands  high  and  thin  in 
flesh.     He  had  a  government  brand  on  him — a  "U.  S."' — is  all  I  know. 

Q.  Describe  the  roan  boise  particularly,  and  state,  if  you  know,  whether  he  was  a  govern- 
ment horse  or  not. — A.  The  roan  horse  was  a  horse  about  fifteen  hands  and  perhaps  two 
inches  high,  a  well-proportioned  horse,  well  built  and  in  good  order.  I  should  think  he  was 
about  six  years  old — five  or  six — high  life  and  ill-disposed,  and  was  used  as  a  government 
horse  in  the  battery  always  ever  since  I  have  known  him.  He  was  a  strawberry  roan  horse. 
I  do  not  think  there  were  any  government  brands  on  him.  There  was  a  small  "  S,"  but 
this  was  a  great  deal  smaller  "than  I  ever  saw  put  on  stock.  This  was  on  the  shoulder,  near 
the  place  where  the  brands  should  be,  but  it  is  my  impression  that  it  was  never  put  on  as  a 
government  brand.     He  was  used  as  a  government  horse.     I  had  known  him  from  the  .3d  of 


224  DAVIS    HATCH. 

April  last.     He  came  iuto  the  batteiy  -while  I  was  away,  some  time  between  the  J 0th  of 
February  and  the  3d  of  April. 

Q.  State  whether  you  have  ever  seeu  the  accused  alou^  with  Captain  Borries,  or  without 
him,  about  your  camp  at  any  other  times  than  those  you  have  mentioned. — A.  I  have  seeu 
him  pass  frequently  backward  and  forward.  I  do  not  think  I  ever  saw  him  inside  the  camp 
without  Captain  Borries  being  along.  I  do  not  recollect  of  seeing  him  there  at  any  other 
times. 

Q.  State  what  you  know,  if  anything,  about  any  mules  having  been  delivered  to  the 
accused  by  Captain  Borries. — A.  Captain  Borries  ordered  me  at  one  time  to  have  two  six 
mule  teams  harnessed  and  hitched  to  the  wagon,  and  report  them  to  Major  Perry.  He  told 
me  the  accused  wanted  them  to  haul  saw-dust,  and  to  leave  the  drivers  that  day.  I  took  the 
teams  and  reported  to  the  accused  in  person.  The  accused,  when  I  reported,  said,  in 
substauce,  that  it  was  all  right,  and  told  me  where  to  leave  them  under  the  shed,  and  I  left 
the  mules  with  the  drivers  there  with  him — tlie  drivers  for  that  day. 

Q.  State  how  these  mules  had  been  used,  and  whether  they  were  government  mules  or 
not,  if  you  know. — A.  They  were  government  mules,  or  used  as  such  in  the  siege  train  of 
the  battery,  and  were  drawn  for  that  purpose.  Most  of  them  were  branded.  This  was  near 
the  1st  of  December  last,  perhaps  a  little  before. 

Q.  State  whether  any  other  nuiles  have  been  taken  from  your  battery  which  have  not  been 
returned  to  it ;  if  so,  when,  where,  and  by  whom,  so  far  as  you  know  ? — A.  Before  those 
were  taken  there  was  a  six-mule  team  taken  from  the  battery,  from  our  camp.  There  was 
no  harness  or  wagon  taken  with  them.  The  day  they  were  taken.  Captain  Borries  told  me 
he  had  orders  to  turn  over  a  six-mule  team,  was  the  way  he  expressed  it.  While  we  were 
talking  about  turning  over  these  mules,  we  looked  up  and  saw  the  accused  coming,  in  a 
buggy  Avith  another  man,  coming  from  the  (quarters  of  the  accused  ;  we  were  standing  near 
the  officers'  quarters.  I  do  not  know  what  the  man's  name  was.  On  seeing  these  men 
coming  the  captain  went  up  to  the  buggy  and  asked  him  if  he  was  ready  to  take  those  mules. 
One  or  the  other  of  these  men  in  the  buggy  replied  that  he  would  be  in  about  three-quarters 
of  an  hour,  or  an  hour,  as  they  v.ere  going  up  lieligious  street.  The  captain  then  told  me  to 
go  and  put  up  a  six-mule  team  for  them  ;  to  select  them.  He  told  me  to  give  them  a  good 
one.  I  remarked,  "  I  shall  not  give  them  the  best."  The  captain  replied.  "  Give  them  a 
good  team."  The  conversation  was  between  all  three,  and  I  was  about  iifteeu  or  twenty 
feet  from-  them. 

Q.  State  how  thi.s  man  with  the  accused  was  dressed  at  the  time. — A.  He  had  on  gray 
pants  and  gray  coat — gray  suit.  He  had  on  a  cap  of  a  redish  mixed  color,  not  black  or  gray, 
lie  had  no  military  clothes  on  or  about  him. 

Q.  State  how  the  mules  went  away  from  the  camp. — A.  About  three-quarters  of  an  hour 
after  the  ('onversation  the  man  who  was  with  the  accused  came  along  with  two  colored  men 
and  got  the  mules ;  I  do  not  know  whether  the  accused  was  present  or  not ;  I  do  not  recollect 
of  seeing  him.  These  two  colored  men  took  the  nuiles,  each  rode  one  and  led  two,  and  the 
other  man  followed  along  and  drove  them  a  little,  as  they  were  stubborn  to  lead.  They 
went  up  Tchapitoulas  street,  and  the  last  I  saw  of  hinr  he  was  on  the  sidewalk.  I  do  not 
know  that  I  had  ever  seen  these  colored  men  before. 

The  court  then,  at  3  o'clock  j).  m.,  adjourned  to  meet  at  10  o'clock  a  ni.  on  Monday  the 
9th  instant. 

New  Oi{i,r,.\>.H,  Louisiana,  January  9,  ]8()5 — 10  o'clock  a.  ra. 
Court  met  pur.suant  to  adjourument  and  above  orders.     Present,  the  same  members  as  on 
Saturday,  the  judge  advocate,  accused  and  his  counsel. 

Examination  of  J.  W.  Barnaisa,  corporal  Company  A,  Secoud  Illinois  light  artillery, 
resumed. 

By  Ji;i-)(.i:  Advocatk: 

Question.  State  the  conversation  you  had  with  tiic  man  wlio  came,  after  those  nuiles  wliile 
selecting  them  out,  if  any. 

(Objected  to  by  accused  as  irrelevant,  the  ntatements  of  tiiis  "  nuin  in  gray"  not  being 
evidence  against  accused 

Tlie  judge  advocate  replied  that  among  th(i  cliarges  against  tlie  accused  is  that  of  com- 
bining witii  Captain  Borries,  one  Staples,  and  others  unknown,  for  the  purpose  of  defraud- 
ing liic  gDvernuient.  Ho  expects  to  be  able  to  prove  tliis  combination  among  some  or  all  of 
these  ])artics — certainly  so  tar  as  Staples  and  the  accused  are  concerned — and  that  this 
"man  in  pray"  is  no  other  than  tiie  ninn  Stajilcs;  and  if  this  much  is  jiroved,  there  can  be 
no  doubt  lliat  the  declarations  of  Staples  at  that  time  must  bind  the  accused  and  are  ad- 
missible as  evidence.  If  the  connection  of  Staples  with  accused  is  not  proved,  lie  admits 
tliat  these  declarations  of  Staples  ought  to  bo  excluded  by  the  court  from  their  considera- 
tion, and  lie  asks  that  Ihi.s  (^vith-nce  be  received  Kul>ject  to  lliis  condition. 

The  court  was  tlii-n  cleared,  and  after  mature!  deliberation,  the  doors  were  opened  ;  the 
accused  and  his  counsel  present.  The  decision  of  tli(!  court  was  announced  by  tlu^  judge 
udvocate,  that  the  objection  of  the  accused  bo  overruled,  and  that  the  evidence  be  received 
.subject  to  the  condition  stated  by  the  judge  advocate.  ) 


DAVIS  HATCH.  225 

Answer.  I  Lacl  no  particular  conversation  with  liim  except  olijectingf  to  the  mules  he 
selected.  He  wished  to  ])ick  out  all  large  mules.  I  objected  to  that,  as  being  waguii-master 
of  the  train,  from  the  tact  that  it  would  spoil  our  wheel  teams.  I  told  him  I  would  give 
Lini  two  large  mules,  two  of  medium  size,  and  two  small  mules.  He  replied  that  those 
small  mules  were  not  sulVicient  for  coal  carts  ;  and  I  told  him  it  would  not  do  to  give  all 
large  mules,  and  spoil  three  or  four  other  teams.  Ho  agreed  that  that  was  true,  and  con- 
sented to  take  the  teams  I  had  selected.  He  said  nothing  further  as  to  what  he  wanted  of 
the  nuiles,  except  that  some  of  them  were  too  small  to  work  in  coal  carts. 

Q.  Describe  particularly  those  si.x^  mules. — A.  One  of  them  was  a  large,  dark-browu 
mule,  about  tif'teeu  hands  and  one  inch  high,  in  good  order,  a  little  sway-backed,  a  little 
tender-footed  or  stiff  iu  the  shoulder,  and  at  least  ten  j'ears  old.  The  second  was  a  bright 
sorrel  nuile,  about  fifteen  hand«  high,  and  iu  tolerable  good  order,  his  left  fore-leg  crooked, 
crooked  in  at  the  knee-joint;  about  ten  years  old.  The  third  was  a  black  mule,  about  four- 
teen and  a  half  hands  high — perhaps  not  quite  so  much — rather  thin  in  flesh,  and  I  should 
think  about  eight  or  nine  years  old.  The  fourih  was  a  daric,  iron-gray  mule,  about  the 
same  height  as  the  last  described,  tolerable  good  oriler,  and  I  should  thiuk  about  live  years 
old.  The  tlfth  was  a  dark-brown  mule,  thin  in  liesh,  and  aoDUt  thirteen  aud  a  half  hands 
liigh — perhaps  a  little  more — and  about  seven  or  eight  years  old.  The  sixth  was  a  dark  bay 
nuile,  thin  iu  flesh,  aud  in  other  respects  about  like  the  last.  All  these  mules  liad  been 
marked  with  a  "  U.  S."  in  June  last.  I  marked  them  myself,  and  some  of  them,  I  presuma, 
had  been  marked  before  I  marked  them,  though  I  aui  not  positive.  I  marked  them  by 
burning.     They  were  all  horse  mules. 

Q  State  in  what  capacity  you  were  acting  in  the  battery,  in  November  last,  and  wlitifc 
were  your  duties  / — A.  I  was  company  wagou-master,  aud  hid  charge  of  the  te-T^ns  of  the 
siege  trains. 

Q.  State  whether  you  had  ever,  at  any  other  time,  seen  that  "man  in  gray"  witli  the 
accused;  and  if  so,  where? — A.  I  saw  him  at  different  times — several  times — with  him  iu 
our  camp,  and  passing  in  the  streets.  I  do  not  know  that  I  ever  saw  him  but  once  except 
he  was  with  him.  1  think  he  was  there  both  times  the  accused  was  there,  seeing  about  the 
roan  horse. 

Q.  State,  if  you  know,  whether  any  or  all  of  these  eighteen  mules  were  government 
mules  or  not,  and  whether  any  have  ever  been  returned  to  your  camp. — A.  They  were  all 
used  as  government  mules,  aud  had  been  ever  since  1  knew  them — from  one  to  two  years. 
They  have  not  been  returned  to  our  camp.  I  have  seen  none  of  the  first  six  since,  but  have 
seen  perhaps  all  of  the  twelve.  Neither  has  the  roan  horse  been  returned  to  our  camp 
since.  I  saw  the  roan  horse  once  since  he  was  taken  away  by  the  accused,  up  at  the  quar- 
termaster's corral  ;  at  least,  they  told  me  it  was  the  quartermaster's ;  he  had  a  large  govern- 
ment brand  on  him— a  "  U.  S." 

By  Accused: 

Q.  Was  not  Major  Perry,  at  the  time,  in  command  at  the  Alabama  Press  ?  How  far  was 
that  from  Captain  Borries's  stable  ? — A.  I  was  told  that  he  was  in  command  at  the  press. 
There  was  just  one  street  between  the  two  ;  Robin  street  runs  between  them.  The  gates 
of  Alabama  Press  opened  on  Tchupitoulas,  and  the  gates  of  our  press  on  Religious  street. 
They  were  adjoining  presses,  except  the  street  between. 

Q.  Were  not  these  twelve  mules  loaned  to  ilajor  Perry,  to  draw  saw-dust  for  his  press,  so 
far  as  you  understood  ? — A.  No,  sir  ;  they  were  not.  The  drivers  were  to  stay  that  day  to 
haul  saw-dust ;  but  he  told  me  at  the  time  that  the  teams  were  to  be  left  there,  and  the  ac- 
cused was  going  to  receipt  for  them — so  Captain  Borries  informed  me. 

Q.  Did  you  not  know,  or  understand,  that  the  twelve  mules  of  which  you  spoke  are  still 
at  the  Alabama  Press,  or  were  at  the  time  of  the  arrest  of  Major  Perry  ? — A.  I  think  all,  or 
a  part  of  them,  were  there  at  the  time  of  his  arrest.  I  saw  some  of  them  there  afterward, 
but  do  not  know  that  I  saw  all.  So  far  as  I  know,  all  were  there.  If  the  accused  was  ar- 
rested at  the  time  Captain  Borries  was,  this  is  true.  I  do  not  know  whether  he  was  or  not. 
I  understood  he  was. 

Q.  As  to  the  six  uuiles,  do  you  know  whether  the  man  in  gray  bought  them,  or  whether 
they  were  turned  over  to  him  on  invoice  aud  receipt? — A.  I  do  not  know  particularly.  I 
do  not  think,  from  their  conversation,  that  he  bought  them,  or  that  any  receipts  were  passed, 
though  I  am  not  positive. 

Q.  Can  you  swear  positively  that  Major  Perry  had  anything  to  do,  personally,  with  the 
transfer  of  the  six  mules  to  the  man  in  gray  ? — A.  Not  more  than  what  Captain  Borries 
told  me. 

Q.  Did  you  see  the  sorrel  horse  brought  to  Captain  Borries's  stable ;  if  yes,  was  it  not 
some  four  or  five  days  before  the  conversation  which  occurred  when  Major  Perry  and  Captain 
Borries  looked  at  the  roan  horse  ? — A.  I  am  not  positive  that  I  saw  the  sorrel  horse  brought 
iu.  I  think  the  first  I  saw  of  the  sorrel  horse  he  was  iu  the  stall  and  they  were  looking  at 
him.     This  was  somewhere  from  three  to  five  days  before. 

Q.  Can  you  swear  of  your  own  knowledge  that  this  roan  horse  was  a  government  horse  at 
all  ?     Is  it  uot  possible  that  he  was  a  private  horse  ? — A.  I  do  not  know  ;  except  that  he  was 

S.  Kep.  234-— 15 


226  DAVIS   HATCH. 

used  as  a  government  horse  and  kept  as  such.  This  is  as  far  as  my  personal  knowledge 
extends. 

Q.  Can  you  swear  that  Major  Perry  kiiew  him  to  be  a  government  horse  when  he  received 
Iiim  from  Captain  Berries  ? — A.  I  caunot;  I  do  not  know. 

Q.  Did  you  see  the  man  in  gray  after  he  took  away  the  six  mules  ?  If  yes,  how  often  and 
where  ? — A.  I  saw  him  at  o\u  quarters — at  our  camp — after  that  a  good  many  times.  I  saw 
him  the  next  day  in  tlie  officers'  quarters;  I  could  not  say  how  many  times — more  thau 
once — more  than  twice. 

Q.  Did  not  Captain  Borries  claim  some  of  the  horses  in  your  battery  as  his  own,  and  some 
of  the  mules  ? — A.  I  have  heard  that  he  did. 

By  Judge  Advocate : 

Q.  State  what  ones,  and  how  many,  and  who  told  you  so. — A.  I  heard  it  spoken  of.  I 
could  not  tell  who  told  me  so,  or  which  ones  he  claimed.  I  understood  he  claimed  eleven 
luules  and  eight  horses  ;  I  never  heard  him  say  so. 

Q.  State  the  directions  Captain  Borries  gave  you  in  regard  to  the  delivery  of  the  six  mnles. 

(Objected  to  on  the  part  of  the  accused,  but  consents  that  it  may  be  answered  and  evidence 
received,  subject  to  the  same  conditions  as  in  case  of  the  conversation  between  the,  man  in 
gray  and  witness. ) 

A.  Some  time  during  the  day  the  captain  told  me  he  had  orders  to  turn  over  a  team — a 
six-mule  team.  He  said  we  had  more  teams  than  we  needed  in  the  city — this  was  in  the 
morning.  In  the  afternoon  I  went  to  him  to  see  what  kind  of  team  to  turn  over — that  is, 
the  (juality  of  the  team.  He  told  me  to  stilect  a  good  team — a  six-mule  team.  While  we 
were  talking  there,  we  saw  the  accused  and  the  man  in  gray  coming  in  the  buggy,  and  he 
says,  "There  comes  the  major;  I  will  see  when  he  wants  the  team  turned  in."  As  they 
drove  up  he  spoke  to  them,  and  the  conversation  occitrred  as  I  have  stated  it  before. 

By  Accused: 

Q.  "Was  not  the  man  in  gray  sometimes  addressed  as  "major,"  or  by  some  other  title  of 
militaiy  rank? — A.  I  do  not  recollect  of  ever  hearing  him  spoken  to  or  addressed  as  such. 
1  have  heard  that  he  was  a  lieutenant,  but  never  heard  him  addressed  as  such. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

W.  W.  Caimpbell,  junior  first  lieutenant  Company  A,  Second  Illinois  light  artillery,  a 
witness  for  prosecution,  sworn  and  examined  in  presence  of  accused. 

By  Judge  Advocate  : 

Question.  State  your  name,  present  occupation,  and,  if  you  know  the  accused,  how 
long  you  have  known  him. — Answer.  W.  AV.  Campbell;  I  am  junior  lirst  lieutenant  Com- 
pany A,  Second  Illinois  light  artillery.  I  have  seen  him  often.  I  have  no  personal  acquaint- 
ance with  him.     I  saw  liiin  hrst  about  the  loth  or  lUth  of  October  last. 

Q.  Do  you  know  anything  about  a  roan  horse  having  been  taken  from  your  camp  by  the 
accused ;  if  so,  when  was  it? — A.  I  know  of  a  roan  horso  being  taken  from  our  cauip  about 
the2."jth  of  November  last ;  between  the '20th  and  25th  :  not  certain  as  to  date.  I  do  not 
know  that  accused  took  him  away  at  that  time.  I  saw  iiim  in  the  yard  looking  at  the  horse, 
and  riding  him  around,  and  out  of  the  camp,  and  into  tiie  street;  wlietiier  lie  took  hini 
away  or  not  I  do  not  know.  The  horse  was  taken  away  about  that  time.  The  last  I  saw 
of  the  accused,  at  that  time,  he  was  going  up  Keligious  street,  riding  the  horse,  about  one 
block  distant  from  the  stables.  I  have  never  seen  the  horse  since.  Never  has  been  returntid 
to  our  quarters  since,  to  my  knowledge. 

Q.  Describe  this  horse. — A.  He  was  a  roan  horso,  aliout  fourteen  hands  high — )iot  certain 
as  to  lieight ;  aline  looking,  neat  horse ;  had  very  slight  brand  on  the  h'ft  foreshoulder — 
"  U.  S."  brand,  I  suppose,  tliough  it  was  very  hard  to  distinguish  what  it  was;  about  six 
or  seven  years  old. 

Q.  Slate,  if  you  know,  whether  or  not  this  was  a  government  horse,  and  how  long  he  had 
been  used  in  tlie  battery. — A.  I  have  always  supposed  him  a  government  horse,  lie  came 
into  our  stab!(i  from  a  government  stable,  under  charge  of  Captain  Armstrong,  assistant  (piar- 
terniaster,  wh(-re  sick  horses  were  kf|)t.  I  supposed  lie  was  brought  in  exchange  for  another 
government  liorse  takeir  from  these  stables  aixiut  the  sami-  time.  This  roan  hors(\  was 
))ronght  intr)  the  battery  some  time  in  March,  IH(iJ;  iihout  the  middle  of  March.  Ilt^  had 
been  used  as  a  saddle-horse  in  the  hattiTy,  part  of  the  time  by  the  sergeant  and  the  wagon- 
ma.ster,  and  part  of  the  time  by  the  captain.  Ho  was  always  reported  in  the  battery  as  a 
government  iM)rse. 

Q.  Stale  who  was  in  command  of  your  battery  previous  to  the  1st  of  December  last. — A. 
Cajitain  H.  Borries;  an<l  from  tlio  iMtii  of  Octoln-r,  IH(;:{. 

C).  ])o  you  knrjw  anything  about  any  goveiniiieiit  nniles  having  been  taken  away  from 
your  batteiy,  and  which  have  not  been  returned  to  it?  If  so,  state  wlwii,  where,  and  by 
v.bom  they  were  taken,  so  far  as  you  know. — A.  'i'here  were  six  taken  away  between  the 
Jotli  ttn<l  20th  of  Novi'inber  last.  'I'here  were,  two  colored  ukmi  who  rode  the  mules  out  of 
the  yard,  and  they  were  driven  out  by  a  man  by  the  name  of  Staples,  whom  1  had  often  sceu 


DAVIS   HATCH.  227 

with  the  accused.  The  accused  was  in  the  vicinity,  in  the  street.  I  saw  him  near  tlie  gate 
and  the  quarters.  I  do  not  remember  seoin;T  hhn  in  the  yard  at  tlie  time  the  mules  were 
taken  out.  I  saw  liim  in  a  buo-o^y  part  of  the  time,  and  a  part  of  the  time  on  foot.  Captain 
Borries  was  in  the  yard  wlien  the  mules  were  takr»u  ont,  and  folh)vved  tliom  out.  I  saw  liiese 
mules  last  going  np  Tclniijitoulas  street,  about  a  block  from  camp.  Captain  Borries,  after 
he  came  out  of  tlie  j'ard,  got  into  the  buggy  with  the  accused,  and  went  toward  the  Alabama 
Press.  The  accused  and  tlu'.  captain  came  back  togetlier  in  a  short  time,  drove  iij)  to  the 
quarters,  and  the  captain  got  "out.  They  were  govern unmt  mules,  to  the  best  of  my  knowl- 
edge. I  do  not  know  that  we  ever  had  any  private  mules  in  the  company.  Corporal  Bar- 
naba  was  there  attending  to  the  delivery  of  the  mules. 

(Before  cross-examination  the  accused  asks  that  all  the  testimony  of  the  witness  in  refer- 
ence to  the  six  mules,  and  the  dealings  of  Staples  and  Borries  in  regard  to  thein,  be  stricken 
out  as  irrelevant. 

The  judge  advocate  replied  that  he  could  not  see  how  this  evidence  could  in  any  manner 
bo  considered  irrelevant.  The  witness  has  confined  hiunolf  to  what  he  saw  of  the  actions  of 
certain  persons  charged  to  bn  parties  to  a  combination  with  accused.  These  very  actions  and 
this  very  conduct  is  certainly  strong  circuuistantial  evidence  of  the  f^ict  of  a  combination  be- 
tween these  parties,  esp^■cially  when  taken  in  connection  with  the  testimony  of  Corporal 
Barnaba  as  to  what  was  done  and  said  by  the  accused  and  these  same  parties  three-quarters 
of  an  hour  before;  and  for  this  reason,  if  for  no  other,  is  material  and  relevant.  Combina- 
tions and  conspiracies  are  notoriously  difficult  to  prove,  and  generally  must  be  proved  by  con- 
duct of  the  parties  and  such  circumstantial  evidence  as  this. — [Referred  to  Benet,  pages  287 
and  288.] 

The  accused  replies  that  the  law  wisely  rejects  such  testimony,  because  if  received  it  would 
compel  the  accused  to  prove  why  he  was  in  a  neighboring  street  at  the  time,  and  why  Cap- 
tain Borries  got  into  his  buggy  and  drove  otF  with  him — a  tliino:  well  nigh  impossible  after 
any  lapse  of  time.  Such  evidence,  if  admitted  in  a  criminal  case,  would,  in  a  city,  impli- 
cate every  person  in  the  neighborhood  whom  the  authorities,  in  their  wisdom  or  foolishness, 
might  choose  to  arrest. 

The  court  was  then  cleared,  and,  after  mature  deliberation,  the  doors  were  opened,  and  the 
accused  and  his  counsel  present,  and  the  decision  of  the  coixrt  was  announced  by  the  judge 
advocate,  that  the  motion  of  the  accused  be  overruled,  and  that  the  testimony  of  the  witness 
be  not  stricken  out.) 

By  Accused  : 

Q.  Was  not  the  roan  horse  taken  from  your  camp  as  late  as  November  30  ? — A.  I  think  it 
was  before  that  time.     I  am  not  positive  of  the  date,  but  I  think  it  was  on  or  before  the2oth. 

Q.  Why  do  you  think  it  was  on  or  before  the  25th  of  November? — A.  The  only  thino-  I 
have  to  guide  by  is,  that  there  were  twelve  other  mules  taken  out  on  the  last  day  of  Novem- 
ber or  the  1st  of  December,  and  the  horse  was  taken  ont  a  few  days  before. 

Q.  Can  you  swear  positively,  and  of  your  own  knowledge,  that  this  roan  horse  was  not  a 
private  horse  ? — A.  I  cannot. 

Q.  Are  you  very  sure  that  tlie  roan  horse  was  branded  "  U.  S."  in  any  perceptible  man- 
ner?— A.  I  could  distinctly  see  a  part  of  the  "  S  ;"  this  is  all  I  could  make  out. 

Q.  Might  not  a  private  horse  be  branded  with  au  "  S  "  or  part  of  an  "  S  V — A.  It  is  very 
possible  that  it  might. 

Q.  Did  Major  Perry,  to  your  knowledge,  know  that  this  roan  horse  was  a  government 
horse  ? — A.  Not  to  ray  knowledge. 

Q.  When  you  say  that  Major  Perry  was  in  the  street  near  your  camp  at  the  time  the  sis 
mules  were  transferred,  was  he  not  as  near  to  his  own  camp  as  to  yours  .' — A.  He  was  not. 
He  was  in  the  vicinity  of  our  camp,  between  the  officers'  quarters  and  the  quarters  of  the 
men — about  four  or  five  rods  from  the  nearest  portion  of  liis  own  press — probably  not  over 
four  rods,  but  not  less  than  fifte.iu  or  sixteen  rods  from  the  gate  of  his  press. 

Q.  What  was  Major  Perry  doing  in  the  street  at  the  time  to  which  you  refer/ — A.  He 
did  not  seem  to  be  doing  anything.  He  seemed  to  be  waiting  for  some  person,  or  to  see 
some  one. 

Q.  Was  he  alone  ? — A.  He  was  alone. 

Q.  When  Major  Perry  and  Captain  Borries  drove  off,  where  did  they  go — how  long  before 
they  returned/ — A.  They  went  toward  the  quarters  of  accused,  and  returned  in  five  or  ten 
minutes. 

Q.  Did  they  bring  back  with  them  the  sorrel  horse  which  was  transferred  by  Major  Perry 
to  Captain  Borries'/ — A.  They  did  not,  at  that  time. 

Q.  Do  you  remember  if  Captain  Bories  rode  out  after  that  on  that  day,  and  did  he  not  ride 
the  sorrel  horse  / — A.  I  do  not  remember.  He  generally  rode  out  every  day,  but  I  do  not 
know  what  horse   he  rode. 

Q.  When  Major  Perry  had  brought  Captain  Borries  back,  which  way  did  Major  Perry  go 
with  his  buggy? — A.  1  did  not  notice  which  way  he  went.  I  stepped  into  my  qirarters, 
and  did  not  notice  after  that. 

Q.  Did  not  Major  Perrj'  drive  about  a  good  deal  in  his  buggy,  and  drive  his  acquaint- 
ances about  ? — A.  I  saw  him  driving  past  the  quarters  frequently  ;  sometimes  persons  were 
with  him,  sometimes  not. 


228  DAVIS    HATCH. 

Q.  Did  yon  see  Staples  and  Borries  driving  with  him,  and  quite  often  ? — A.  T  have  often  seen 
Staples  vidino-  -witli  him  ;  I  do  not  recollect  of  seeing  Captain  Borries  riding  with  hiin  before. 

Q.  Do  3'oa  know,  of  yonr  own  knowledge,  whether  Captain  Borries  sold  these  six  mules 
to  Staples  or  transferred  them  to  him  upon  receipt  ? — A.  I  do  not  know.  I  know  that  no 
receipts  ever  came  to  the  company,  among  the  company  papers.  I  do  not  know  that  Staples 
had  anything  to  do  v.itii  these  mnles,  except  to  drive  them  away. 

Q.  Do  yon  know,  ul'yonr  own  knowledge,  that  ilajor  Perry  had  any  part  or  share  in  the 
transfer  of  those  six  mnles  to  Staples  ? — A.  I  do  not. 

Q.  You  spoke  of  twelve  mules,  which  left  yonr  camp  about  December  1  ;  are  they  not  now, 
or  were  they  not,  at  the  time  of  Major  Perry's  arrest,  at  the  Alabama  Press  ? — A.  I  do  not 
know  anything  about  them  after  they  left  our  quarters — they  have  never  been  returned  to 
the  battery. 

Q.  Why  have  not  the  officers  of  your  battery  got  them  back  from  the  Alabama  Press  ? — 
A.  I  do  not  know  what  were  the  reasons  of  the  commanding  ofiicer  for  taking  no  steps  in 
the  matter. 

Q.  Do  j'on  know  Staples  ;  if  yes,  did  you  ever  hear  him  called  major  or  colonel  ? — A.  I 
never  spoke  to  the  man  in  my  life.  I  have  seen  him  often  and  heard  that  his  name  was 
Staples  ;  that  is  all  I  know  about  him.  I  never  lieard  him  spoken  to  as  major  or  colonel. 
I  heard  that  he  had  been  a  lieutenant. 

Q.  When  Major  Perry  and  Captain  Borries  drove  off  together,  as  you  say,  to  the  Ala- 
bama Press,  do  you  know,  of  your  own  knowledge,  wtiat  their  bi;siness  together  was  ? — A. 
I  do  not. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

The  court  then,  at  3  o'clock  p.  m.,  adjourned  to  meet  again  at  lU  o'clock  a.  m.  to-mor- 
row, the  10th  instant. 

New  Orleans,  January  10,  1865—10  o'clock  a.  m. 

The  court  met  ptirsuant  to  adjournment  and  above  orders. 

Present:  The  same  ruembers  as  yesterday,  the  judge  advocate,  and  the  accused  and  his 
counsel. 

Private  Samuel  Bexnett,  Company  A,  Second  Illinois  light  artillery,  a  witness  for  pros- 
ecution, sworn  and  exauiined  iu  presence  of  accused. 

By  Judge  Advocate  : 

Question.  State  your  name,  present  occupation,  and,  if  you  know  the  accused,  how  long 
you  have  known  him. — Answer.  Sanniel  Beunett.  I  am  private  iu  Company  A,  Second 
Illinois  artillery.     I  know  the  accused — have  known  him  about  six  weeks. 

Q.  If  you  have  ever  delivered  any  mules  to  the  accused,  state  when  and  where  it  was,  at 
wiiose  order,  how  many,  and  all  the  circumstances. — A.  I  was  ordered  to  drive  one  six-mule 
team  to  Alabama  Press  for  Major  Perry,  and  to  stay  and  haul  sawdust  for  the  accused  that  day, 
and  k'ave  the  team  there  that  night.  The  wagoumaster,  Corporal  ]5arnaba,  gave  me  these 
orders.  This  was  somewhere  about  the  first  of  December.  I  took  the  team  and  reported  with 
it  to  the  accused  at  the  Alabama  Press.  We  drove  under  a  shed  and  reported.  Tiie  accused 
told  us  to  Avait  there  till  a  citizen  dressed  in  light  gray  clothes  with  dark  gray  cap  came,  aud  ho 
would  go  with  us  and  show  us  where  to  get  the  suwdnst.  We  waited  about  half  an  iiour,  then 
tlie citizen  came  and  went  with  us  to  a  saw-mill  up  'i'chupitoulas  street,  and  got  this  sawdust. 
Tliere  was  another  team  with  us.  We  each  got  a  load.  Wo  brought  the  sawdust  and  nidoaded 
it  at  the  stabh'S  in  the  Alabama  Press.  The  citizen  showed  us  where  to  unload  it.  The 
citizen  then  told  us  to  drive  under  the  shed  wliere  we  were  in  tiio  morning,  and  unliitch 
and  tlirow  the  liarncss  in  the  wagon.  We  did  so.  He  told  us  to  leave  the  mules  tliere  aud 
we  did  so.  While  coming  from  the  saw-mill  this  citizen  said  ho  would  take  two  of  the 
mules  I  had  in  my  leani  and  drive  thein  in  a  buggy  or  spring-wagon.  We  got  through  haul- 
ing the  sawdust,  and  I  left  the  mules  about  half  ])ast  two  o'clock,  when  the  accused  took  us 
to  the  sutler's,  trt;ated  us,  and  we  went  back  to  our  camp.  These  mnles,  none  of  tlH!m,  iiavo 
been  returncid  to  our  camp  since.  There  w«!re  twelve  mules  altogether  in  the  two  t«ams,  and 
they  belonged  to  our  battery,  and  the  harnesses  also  belonged  to  our  battery,  an<l  have  not 
been  leturncd  since.  1  have  sei'ii  these  mules  sevural  times  since  at  the  Alabama  Press.  [ 
saw  them  there  at  least  two  weeks  after  I  hd't  them  there. 

Q.  btate  whether  you  had  ever  seen  tliis  citizen  in  gray  before.  If  so,  when  and  where  ? — 
A.  1  saw  him  in  our  camp  the  day  llie  other  six  mules  \\v\{i  taken  away,  about  two  weoks 
before.  He  came  in  there  first  with  Captain  liorries,  and  they  looki'd  about  among  the  mules 
and  talked  about  the  dill'erent  teams,  and  looked  among  the  horses.  lie  was  thereabout 
twenty  minnlcs  then.  It  was  an  liour  or  three-fourths  of  an  lionr,  he  came  back  with  a 
couple  of  negroes  and  took  the  six  mules  away.  He  came  to  the  jiress  on  foot.  1  saw 
nothing  of  the  accused  that  day. 

By  Accused : 
Q.  At  the  time  tlie  twelve  mules  wore  taken  to  Major  Perry,  what  was  Major  Perry  doing; 
did  he  .seem  to  be  bu.sy  mustering  recruits  or  signing  paiiers  / — A.  Not  that  1  know  of— I  did 
not  see  him.     I  did  not  .sec  him  doins:  anything  at  all.     lie  cauio  to  the  wagons,  weut  uway 
again,  and  I  did  not  see  him  again  tiiat  day. 


DAVIS   HATCH.  229 

Q.  Did  the  cilizcn  of  whom  you  speak  give  any  reason  why  he  went  with  you  to  get  saw- 
dust ? — A.  No,  sir. 

Q.  Wiio  else  was  present  wlien  the  twelve  mules  were  reported  tcJ  Major  Perry? — A.  No- 
body, tiiat  I  recollect  of,  but  the  wagonmaster  and  two  or  three  other  drivers  in  the  corral 
stariding  around. 

Tlie  court  nnd  parties  having  no  furtlier  questions  to  ask,  the  witness  was  dismissed. 

The  court  then,  at  12  o'clock  m.,  no  more  witnesses  being  present,  adjourned  to  meet  again 
at  10  o'clock  a.  m.  to-morrow,  the  11th  instant. 

New  Ori.kan's,  Louisiana, 
Jannfinj  11,  1805 — 10  o'clock  a.  m. 
The  court  met  pursuant  to  adjournment  and  above  orders. 

Present :  The  same  members  as  yesterday,  the  judge  advocate,  and  the  accused  and  his 
counsel. 

Captain  Herman  Boriues,  Second  Illiuois  light  artillery,  a  witness  for  prosecution, 
swoi'n  and  examined  in  presence  of  accused. 

By  Judge  Advocate  : 

Question.  State  your  name,  present  occupation,  and  if  you  know  the  accxised,  how  long 
have  you  known  him. — Answer.  Herman  Borries  ;  lam  captain  Company  A,  Second  Illinois 
light  artillery  ;  I  know  the  accused;   have  known  him  about  four  months. 

Q.  If  you  have  ever  delivered  to  the  accused  any  horse,  state  when  and  where  it  was,  and 
describe  the  horse. — A.  In  the  month  of  November  last  I  exchanged  horses  with  him  in  my 
camp  at  Alabama  Press,  yard  No.  2.  The  horse  I  let  him  have  was  a  roan  hoi'se,  about  six- 
teen hands  high,  six  years  of  age,  in  good  condition. 

Q.  ytate  all  the  circumstances  and  terms  of  this  exchange  of  horses  with  the  accused. — A. 
The  accused  had  a  light  sorrel  horse,  which  he  said  he  wanted  to  exchange  for  another 
horse.     I  looked  at  tliis  sorrel  horse,  and  gave  him  tins  roan  horse  for  the  sorrel. 

Q.  State,  if  you  know,  whether  either  or  both  of  these  horses  were  government  horses  or 
not. — A.  Previous  to  the  exchange  I  had  seen  this  sorrel  horse,  and  observed  the  "U.  S." 
on  his  shoulder.  Mine  was  a  government  horse.  I  had  drawn  it  from  Captain  Armstrong, 
and  it  was  marked  with  a  "  U.  S."  on  the  left  shoulder.  I  think  it  was  cut  on  with  shears. 
Nothing  was  said  as  to  the  ownership  of  these  horses  at  the  time  of  the  exchange. 

Q.  If  you  have  ever  delivered  any  mules  to  the  accused,  state  how  many  and  when. — A. 
About  the  same  time — whether  previous  or  after  the  exchange  of  horses  I  do  not  recollect 
exactly — I  happened  to  meet  with  the  accused,  who  asked  me  if  I  would  loan  him,  or  turn 
over  to  him,  one  or  two  teams.  I  answered  I  would  do  it  with  pleasure.  I  could  not  turn 
them  oyer,  but  I  would  loan  them  to  him,  provided  he  would  take  good  care  of  them  until  a 
deliverance  in  a  proper  way  could  be  effected — a  transfer.  Then,  a  few  days  later,  after  this 
conversation  took  place,  a  man,  whose  name  I  understand  is  Staples,  and  whom  I  had  seen 
frequently  in  the  company  of  the  accused,  called  on  me  and  asked  for  six  mules  without 
wagon  or  harness.  He  said  he  would  get  the  wagon  and  harness  afterward.  I  gave  orders 
to  my  wagonmaster  to  pick  out  six  serviceable  nuiles,  not  to  take  the  best,  such  as  would 
work  together,  which  he  did,  and  turned  them  over  into  the  hands  of  two  negroes,  who  drove 
them  off,  in  which  direction  I  do  not  know — at  that  time  I  believe,  to  Alabama  Press. 

Q-  Did  this  man  Staples  say  who  he  wanted  these  mules  for? — A.  He  wanted  them  for 
the  use  of  Major  Perry,  he  said.  He  said  Major  Perry  sent  him  there,  at  least  that  was  the 
understanding.  I  did  not  hesitate  to  turn  these  mules  over  to  Staples,  as  I  anticipated  a 
connection  between  him  and  Major  Perry.     I  had  loaned  out  teams  to  other  camps. 

Q.  State  whether  you  have  ever  seen  any  of  these  six  mules  since,  or  know  what  has  be- 
come of  them  ? — A.  I  never  have  seen  any  of  them  since,  and  do  not  know  what  has  become 
of  them. 

Q.  State  whether  you  have  had  any  conversation  with  the  accused  in  regard  to  these  six 
mules  since  ;  if  so,  state  it. — A.  When  the  accused  and  I  were  talking  about  the  twelve 
mules  I  let  him  have  afterward,  about  giving  me  receipts  for  them,  he  denied  having  re- 
ceived the  six  mules  from  me.  This  was  on  the  morning  that  we  were  arrested.  I  told  him 
that  I  had  tiu-ned  them  over  to  Staples  for  him.  He  said  he  had  not  seen  any  more  but  the 
twelve  mules.  I  asked  where  Staples  was,  and  he  said  he  did  not  know.  At  the  same  time 
I  told  the  accused  I  should  hold  him  responsible.  He  then  again  denied  having  received  the 
six  unties  from  me. 

Q.  Had  Staples  ever  been  present  at  any  conversation  you  had  with  the  accused  in  regard 
to  loaning  him  the  six  mules  ? — A.  He  was  present  once.  Major  Perry  asked  nu;  about  the 
mules.  He  said  if  Staples  should  come  for  them  I  should  send  them  in  his  care.  This  was 
perhaps  six  or  eight  days  before  the  six  mules  were  delivered. 

Q.  State  whether  you  ever  had  any  conversation  with  Staples  in  regard  to  delivering  any 
mules  to  him. — A.  Yes.  At  the  time  I  delivered  these  six  mules  to  Staples  I  told  Inm  to 
give  my  compliments  to  Major  Perry,  and  if  I  could  help  him  to  anything  else  I  woidd  do 
so  with  pleasure,  and  at  the  same  time  to  take  good  care  of  the  mules.  I  never  had  conver- 
sation with  Staples  in  regard  to  delivering  mules  to  him,  or  had  any  idea  of  doing  so. 


230  DAVIS    HATCH. 

Q.  State  how  many  other  mules  you  have  delivered  to  accused  1 — A.  I  also  afterward, 
eight  or  ten  days  later,  ou  a  written  request  of  accused,  delivered  twelve  mules  to  the  ac- 
cused. At  the  time  of  the  delivery  of  the  six  mules  I  had  ordered  my  quartermaster  sergeaut 
to  make  out  proper  papers  for  trausferriiig  them  to  Major  Perry. 

Q.  State  whether  any  or  all  of  these  mules  were  government  property;  and  state  if  j^cu 
know  whether  the  accused  knew  this. — A.  They  were  all  government  property.  Nothing 
was  said  as  to  the  ownership  of  them.  I  did  not  expect  that  an  ofScer  was  to  have  mules. 
I  guess  all  were  branded.  They  all  had  been  branded  two  or  three  months  before  at  Car- 
rollton. 

By  Defense  : 

Q.  Was  not  the  sorrel  horse  delivered  to  you  some  days  before  yoti  delivered  the  roan  to 
Major  Perry ;  if  so,  how  long  before? — A.  The  sorrel  horse  was  delivered  tome  three  or 
foiu"  days  before  I  delivered  the  roan  horse  in  exchange,  as  I  intended  to  try  him. 

By  Accused : 

Q.  Look  at  paper  now  shown  you  and  say  if  it  is  the  memorandum  receipt  you  gave  for 
the  sorrel  horse? — A.  This  is  the  memorandum  receipt  I  gave  Major  Perry  for  the  sorrel 
horse,  with  the  understanding  that  he  should  give  me  a  memoraudirm  receipt  for  the  roan 
horse,  if  necessary,  no  blanks  being  ou  hand  then. 

Q.  Did  you  receive  from  Major  Perry  atiy  memorandum  receipt,  or  other  receipt,  for  the 
roan  horse  ? — A.  I  did  not,  for  the  reason  I  have  stated  before,  and  I  did  not  think  it  the 
legal  way  to  give  receipts  written  with  a  pencil. 

Q.  You  say  there  was  an  understanding  that"  Major  Perry  should  give  you  a  proper  re- 
ceipt if  necessary.  How  did  this  understanding  originate  ? — A.  As  he  presented  this  memo- 
randum receipt  to  me  the  first  time  I  had  thought  of  it,  I  then  asked  him  if  it  was  necessary 
and  required.  I  also  requested  him  to  give  me  a  memorandum  receipt  also.  He  then  said 
if  I  would  make  it  out  he  would  give  me  a  memorandum  receipt  also. 

Q.  Did  you  make  it  out? — A.   I  did  not. 

Q.  When  Major  Perry  took  the  roan  horse  from  you  did  you  tell  him  it  was  a  government 
horse  ? — A.  I  don't  believe  he  talked  about  the  horse  at  all.  We  exchanged  the  horses  there, 
and  I  could  have  no  idea  of  exchanging  a  private  horse  of  my  own  for  a  government  horse. 
I  did  not  tell  him  it  was  a  government  horse.  I  gave  him  the  choice  between  two  or  three 
goveriiiiieut  horses.     I  knew  his  was  a  government  horse. 

Q.  ^^'ho  else  was  present  whin  you  spoke  with  Major  Perry  about  his  giving  you  a  re- 
ceipt for  the  roan  horse  ? — A.   Nobody,  to  my  knowledge. 

Q.  Did  you  not  tell  Major  Perry,  at  the  time  you  gave  him  the  roan  horse,  that  it  was 
your  owu  private  property  ?  Did  you  not  also  state  that  you  had  brought  the  horse  from 
Missouri  ? — A.  I  did  not  tell  him  it  was  my  owu  private  property.  I  did  not  state  that  I  had 
brought  this  horse  from  Missoiui.  I  told  him  that  I  had  brought  a  sorrel  horse  which  is 
used  in  the  battery,  and  which  is  my  own,  from  Missouri. 

Q.  iJid  5"ou  not  state  to  Mnjor  Perry,  before  jhju  gave  him  tlie  roan  horse,  that  you  would 
give  hiiM  the  roan  horse  as  a  piesent  ?     'J'liis  in  the  presence  of  Mr.  Staples  ? — A.   No. 

Q.  Did  not  Major  Perry  at  this  time  hesitate  to  accept  the  roan  horse,  and  did  you  not 
assure  him  again  that  it  was  your  own  ])rivate  property  ? — A.  Not  that  I  know  of. 

Q.  As  to  tile  six  mules — please  state  if  you  know  tiiat  Major  Perry  ever  received  tliem  after 
you  gave  them  to  Stajjles. — A.  I  do  not  kuow. 

Q.  For  what  purpose  and  understanding  did  you  loan  to  Major  Perry  the  twelve  mules 
with  harness  and  wagons?-  A.  To  work  for  him  in  his  camp. 

(^.  \\'liere  wcie  those  twelve  mules  w  hi'u  you  and  Alajor  Perry  were  arrested? — A.  I  do 
not  know.     I  think  they  were  in  tlu;  Alabama  Press. 

Q.  Did  you  ever  combine,  as  is  charged  in  this  case,  with  Major  Perry  to  defraud  the  gov- 
ernment by  selling  to  the  government  the  roan  horse  of  which  yoti  hav(^  spoken  ?-  A.  No,  sir. 

(^.  Did  you  ever,  as  is  eiiarged  in  this  cawc,  combine  with  Major  Perry  and  Mr.  Staples 
to  dispose  of,  for  your  mutual  benefit,  any  government  horses  and  mules  .' — A.   No,  sir. 

(^.  i/id  you  antl  Major  Perry  ever  combine  or  agree  together  to  sell  any  goveruuieui  prop- 
esty  ami  (livi<!(!  the  jiiolits? — A.  No,  sir. 

Q.  Did  Majcjr  Pfrry  ever  recomiiieud  you  to  deal  with  Mr.  StapTcs  in  government  prop- 
erty f  If  Major  Perry  over  said  anything  about  this  subject,  please  state  what  he  said. — A. 
He  never  recommeniled  me  to  deal  with  Mr.  St.-ijiles  in  government  property.  I  never  heard 
hiiri  say  anything  about  it. 

(.}.  J'lc'ase  slate  wiiat  (if  anything')  Majfir  Perry  told  you  respecting  liaving  dealings  of  any 
sort  with  Stapl(-s. — A.   He  never  told  me  anything. 

(}.  Please  stale  if  you  ever  received  Irom  Mr.  fStai)loM  any  money  for  tlie  six  mules  deliv- 
ere(J  to  him. — A.  Never. 

ii-  I'lease  state  if 30U  ever  received  from  Major  Perry,  or  agnwd  or  expected  to  receive, 
any  mont-y  for  tlio  six  mules  delivered  to  Staphs,  or  for  the  twelve  niule.s  loaned  to  Major 
Perry. — A.  I  never  received  or  expected  to  receive,  any  money. 

(/.  Please  state  whetlieryou  ever  received  or  expected  to  receive  any  of  the  money  realized 
by  the  sale  of  the  roan  horse  to  Mr.  liogers. — A.  Never. 


DAVIS    HATCH.  231 

Q.  Please  state  whether  or  not  the  place  occupied  by  you  as  a  camp  is  a  part  of  the  same 
press  ocfupied  b}'  JIajor  Perry's  comniaii'l  ? — A.  It  is  apart  of  it;  bcloiipfs  to  it. 

Q.  At  the  tiiiie  you  delivcri'd  the  six  mules  to  Mr.  .Staples,  was  Jl.ijor  Perry  present ;  if 
not,  do  you  kuow  wiiere  he  was  '! — A.  lie  was  not  present ;  I  do  not,  know  where  he  was. 

By  Judge  Advocate : 

Q.  Had  you  not  seen  iiiin  and  talked  with  him  the  same  day  ?  About  an  hour  before  the 
delivery  of  the  mules,  did  not  ho  and  Staples  come  alonj^  in  a  busfg'y,  and  you  speak  to 
tluiin  ? — A.  I  saw  him  that  same  day.  I  was  goin<^  down  "to  headquarters  and  met  him  in  a 
buggy  and  spoke  a  few  words  to  him.  He  was  alone.  I  did  not  speak  to  him  with  refer- 
ence to  the  mides.  I  do  not  remend)er  of  speaking  to  them  about  tlie  mules,  or  seeing  him 
and  Staples  in  the  buggy,  or  hearing  them  say  anything  about  going  up  Keligious  street  that 
day.  I  saw  Major  Perry  afterward.  It  was  about  eiglit  days  before  that  I  saw  the  accused, 
and  lie  gave  me  the  instructions  about  delivering  tlie  mules  to  Staples.  It  is  very  likely  I 
saw  him  that  morning  about  it;   but  I  do  not  know  whether  I  did  or  not. 

Q.  State,  if  you  cau,  when  in  fact  your  name  was  signed  to  this  receipt  produced  by  the 
accused  ? — A.  I  presume  it  was  on  the  date  of  the  receipt,  I  think  before  tlie  twelve  mules 
were  delivered.  I  had  not,  at  time  of  signing  it,  heard  that  any  difficulty  was  likely  to  arise 
out  of  these  affairs. 

By  Accused : 

Q.  When  Major  Perry  first  spoke  of  borrowing  mules,  did  he  not  tell  you  that  he  would 
send  a  written  order  for  them  when  he  should  wish  them  ? — A.   He  did  not. 

Q.  After  you  delivered  the  mules  to  Staples,  did  you  get  into  a  buggy  with  Major  Perry 
and  drive  to  the  Alabama  Press  ? — A.  No,  sir;  I  am  sure  I  did  not. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

Henry  Pierce,  sergeant  Company  A  Second  Illinois  light  artillery,  a  witness  for  pros- 
ecution, sworn  and  exauuned  in  presence  of  accused. 

By  Judge  Advocate : 

Question.  State  your  name,  present  occupation,  and  if  you  know  the  accused,  how  long 
you  have  known  him? — Answer.  Henry  .Pierce  ;  I  am  sergeant  Battery  A  Second  Illinois 
light  artillery  ;  I  know  him  when  I  see  him  ;  have  seen  him  often;  am  not  personally  ac- 
quainted with  him. 

Q.  Do  you  know  anything  about  six  government  mules  having  been  taken  from  the 
camp  of  your  company  which  have  not  been  returned  to  it  since  ?  If  so,  state  when  it  was. — 
A.  This  was  between  tlie  Ifjth  and  2Utli  of  November  last.  The  captain  and  a  man  whose 
name  was  Staples  are  the  only  ones  I  saw  having  anything  to  do  with  them. 

Q.  If  you  have  ever  seen  any  of  these  mules  since,  state  how  many  and  describe  them, 
and  state  what  efforts  you  have  made  to  find  them. — A.  I  think  I  saw  two  of  these  mules 
afterward  at  Bull's  Head,  about  a  week  afterward.  I  am  not  sure  they  were  the  same  ;  but 
I  recognized  them  at  the  time,  and  was  satisfied  that  they  were  two  of  them.  They  were  in 
coal  carts.  I  do  not  kuow  who  were  driving  them.  One  was  a  large  brown  mule,  and  the 
other  was  a  sorrel.  The  sorrel  had  a  crooked  fore  leg.  They  were  large  mules.  I  could 
not  say  how  many  hands  high.  I  have  been  about  the  press  a  number  of  times  when  Major 
Perry  was  commanding,  and  made  inquiries  about  them  since  that.  I  have  never  been  able 
to  find  or  see  anything  of  the  others.  I  think  I  would  know  the  others  if  I  should  see  them. 
Do  not  know  that  I  should. 

By  Accused: 

Q.  Do  you  know  that  these  coal  carts  you  saw  at  Bull's  Head  were  not  drawing  coal  fur 
the  Quartermaster's  Department? — A.  I  do  not  know. 

Q.  Is  not  the  government  coal  mostly  discharged  at  Bull's  Head  ? — A.  I  am  unable  to  say 
W'hetlier  it  is  or  not. 

Q.  Were  the  two  mules  you  saw  at  Bull's  Head  branded  "  U.  S."  ? — A.  One  of  them  was 
not.     I  am  not  positive  about  the  other.     One  was  a  captured  mule. 

Q.  Were  you  present  when  the  six  mules  were  delivered  to  Staples?  If  yes,  was  Major 
Perry  also  there  f — A.  I  was  present.     If  Major  Perry  was  there  I  did  not  see  him. 

By  Judge  Advocate  : 

Q.  Did  you  examine  the  two  mules  you  saw  at  Bull's  Head  at  that  time  for  the  purpose  of 
seeing  whether  there  was  a  "  U.  S."  brand  on  them? — A.  No,  sir. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

The  court  then,  at  3  o'clock  p.  ui.,  adjourned  to  meet  again  at  lU  o'clock  a.  ni.  to-morrow, 
the  I2t\i  instant. 


232  DAVIS    HATCH. 

New  Orleans,  Louisiana,  January  12,  1865—10  o'clock  a.  m. 
The  court  met  pursuant  to  adjournment  and  above  orders. 

Present:  Tlie  same  members  as  yesterday,  the  judge  advocate  and  accused,  and  his 
counsel. 

First  Lieutenant  W.  H.  Henderson,  First  New  Orleans  volunteers,  a  witness  for  prose- 
cution, sworn  and  examined  in  presence  of  accused. 

By  Judge  Advocate : 

Question.  State  your  name,  present  occupation,  and  if  you  know  the  accused,  how  lon^ 
you  have  known  him  ? — Answer.  W.  H.  Henderson.  1  am  first  lieutenant  Company  D 
First  New  Orleans  volunteers.  I  know  the  accused.  I  have  known  him  since  about  the 
](3th  of  September  last. 

Q.  State  in  what  capacity  you  were  actinff  during  the  months  of  October  and  November 
last. — A.  I  was  acting  in  the  capacity  of  actins^  assistant  quartermaster  at  the  gerieral  re- 
cvuitino:  depot,  in  Alabama  Cotton  Press.  The  accused  was  in  command  of  the  depot 
during  that  and  up  to  the  time  I  left,  on  the  2d  day  of  September  last. 

Q.  State  what  were  your  duties  there,  and  especially  in  respect  to  the  government  property 
there,  horses,  mules,  &c. — A.  I  was  responsible  for  all  government  property  there,  except 
one  horse,  whicii  the  accused  had,  and  I  do  not  know  that  this  was  government  property. 
1  had  receipted  for  ail  the  government  property  there  except  this  horse. 

Q.  State  whether  any  of  the  government  mules  for  which  you  were  responsible  were 
missed  from  tiie  press  at  any  time;  if  so,  state  wlieu  it  was,  and  what  you  ascertained 
from  the  accused  as  to  their  whereabouts  and  wlio  had  taken  away? — A.  I  had  three 
mules  tisere  belonging  to  the  government.  I  think  about  tlio  last  of  October  last,  I 
was  going  through  the  yard  and  saw  a  mule  that  did  not  belong  to  me,  and  that  I  did 
not  know  anything  about.  I  asked  the  driver,  a  colored  boy,  whose  mule  it  was  and 
how  it  came  to  be  there.  From  what  the  driver  told  me  in  regard  to  the  mule,  I  went 
to  the  accused  about  it.  I  asked  the  accused  something  in  regard  to  the  mule,  who 
lie  got  it  from,  or  sometliing.  The  accused  told  me  he  had  exchanged  tlie  mule  with  a 
friend,  and  that  if  I  did  not  like  that  mule,  that  he  would  get  that  mule  back.  One 
of  my  nuiles  was  missing,  and  when  I  .asked  him  about  the  strange  mule,  he  said  he 
had  exchanged  my  mule  for  this  strange  mule  with  a  friend,  and  I  understood  it  to  be 
a  temporary  exchange.  My  reason  fur  wanting  ray  mule  back  was  a  very  good  one, 
the  strange  mule  was  unserviceable,  and  was  marked  "  O.  I.  C."  This  had  been  burnt 
over  and  there  was  considerable  of  a  scar  there;  but  I  could  see  the  "I.  C.  "  I  gave  this 
as  the  reason,  to  the  accused,  that  I  wanted  my  mule  returned.  The  same  evening  or  the 
next  morning,  the  next  morning  I  tliiuk,  the  goveiiiment  mule  for  which  I  was  responsible 
came  back  into  the  press,  and  the  strange  mule  was  taken  away  somewhere  about  the  first 
of  November  last.  The  same  mule  was  exclianged  again.  I  saw  another  one  in  there  that 
did  not  belong  to  me.  I  will  not  be  certain  as  to  the  date,  it  was  somewhere  in  November 
last,  that  this  same  mule  was  exchanged  again.  Tiiis  time  the  accused  spoke  to  me  first 
about  it,  and  asked  me  liow  I  liked  tiie  mule,  or  sometliing  to  that  effect.  I  told  him  the 
mule  would  do  me  very  well,  provided  it  was  serviceable.  After  seeing  the  mule  I  saw  it 
v.'as  serviceable,  and  had  no  more  to  say  about  it.  lie  did  not  say  whatluid  become  of  the 
one  I  missed.  I  asked  him  no  questions  about  that.  The  mule  was  not  returned  to  the 
press  fiefbre  I  left. 

Q.  Describe  this  mule.  —  A.  It  was  a  brown  mule,  I  tliink — below  the  medium  size  of 
mules.  It  was  branded  "  U.  S."  I  received  the  mule  from  the  old  quarterniasfer,  the 
one  I  relieved,  or  el,->e  from  Captain  ('liittenden,  assistant  ([uarfermaster.  I  receiveil  it  from 
llie  quartermaster  I  relieved,. I  ain  quite  certain.  It;  was  a  government  nmie,  and  turneii 
over  to  me  as  such.     I  could  not  say  whether  it  was  a  h')rse  or  mare  mule. 

Q.  State  whether  the  licensed  ever  said  anything  to  you  about  having  any  mules  lie  had 
ree.i-ived  fiom  Captain  JJjrries,  Second  Illinois  light  artillery,  turned  over  to  you. — A.  Ho 
did  not,  sir. 

Q.  Slate  what  was  the  condition  of  the  stables  and  privies  about  the  recruiting  depot,  in 
regiird  to  sawdust,  on  or  about  the  la.st  days  of  November  last. — A.  The  stables  anil  stalls 
had  .sawdust  in  them.  I  <lid  not  think  that  tlif  stables  nee(led  any  more,  lie  oidy  had  iour 
stalls.  I  rlo  jiot  know  of  any  ever  having  been  used  about  the  privies  at  all.  Sawdust  had 
lieen  liauled  for  tlie  stables  a  short  time  before,  j)erhaps  two  or  three;  weeks — I  do  not  remem- 
ber the  time — by  order  of  the  accused. 

Q.  Slate  what  vver(!  the  circumstances  of  the  dejiot  al  tlmt  tinu^  in  regard  to  transporta- 
tion— whether  or  not  you  Inid  all  tliat  was  necessary  for  your  wants  ? — A.  Yes,  sir;  I  think 
we  liad  a  surplus  for  the  wants  of  the,  depot.     1  so  rejxirted  a  surplus  of  stock. 

(}.  iJo  you  know  u  man  by  the  name  of  Staples? — A.  Yes,  sir ;  ho  was  introduced  to  mo 
by  tlu^  aeeu.sed. 

Q.  State  liow  this  man  was  usually  dressed. — A.  Ho  was  dressed  in  citizen's  clothes.  I 
do  not  remember  the  color. 

Q.    State  if  you  know  where  ho  resided  and  with  whom  ho  lived. — A.    I  do  not  know. 


DAVIS    HATCH.  233 

When  I  saw  liim  he  was  genoviilly  witli  the  accuscl.  I  generally  saw  him  at  the  press. 
He  was  tlieve  occasionally  every  day,  sometimes  with  the  accused,  sometimes  without  the 
accused,  staying  sometimes  an  hour  or  so. 

Q.  State  whether  you  over  saw  him  doing  anything  for  the  accused,  and  if  so,  what  ? — 
A.  I  cannot  say  that  I  evi^r  did  see  him  doing  anything  for  the  accused  any  more  than  being 
with  the  accused,  riding  with  him.  He  almost  every  diy  used  the  horses  of  the  accused, 
and  those  in  and  about  the  press.  He  did  not  seem  to  look  after  the  horses  and  atf.iirs  of 
the  accused  more  than  any  other  friend  aud  associate. 

Q.  State  whether  any  of  the  public  forage,  hay  or  grain  was  missed  from  your  press  ? — 
A.  Some  of  the  public  forage  which  I  had  drawn  was  missed  and  never  returned. 

By  Accused  : 

Q.  When  you  were  relieved  from  duty  at  the  Alabama  Press,  what  did  you  do  with  the 
three  nmles  then  in  your  possession  ? — A.  I  turned  them  over  to  the  lieutenant  wiio  was  ap- 
pointed to  relieve  me;  invoiced  them  to  him. 

Q.  Did  you  take  receipts  from  him  of  the  three  as  government  property? — A.  Yes,  sir ; 
and  as  serviceable. 

Q.  Tlien  the  mule  taken  by  Mr.  Major  Perry  in  exchange  for  the  one  you  say  you  missed 
was  a  government  mule;  was  it  not  branded  ? — A.  I  think  it  was  branded,  and  a  govern- 
ment mule. 

Q.  To  the  best  of  your  belief,  then,  did  not  Major  Perry  make  this  exchange  with  some 
officer  who  had  a  government  mule  and  who  consented  to  the  exchange? — A.  I  cannot  tell, 
because  there  are  a  great  many  nuiies  condemned  and  sold  and  pass  i\ito  other  hands. 

Q.  Had  this  serviceable  mule  which  Major  Perry  took  and  which  you  turned  over  to  your 
.successor  been,  in  your  opinion  or  your  knowledge,  condeamed  aud  sold  ? — A.  It;  had  not. 
If  it  had  been  it  would  have  baeu  branded  as  such  ;  if  it  had,  it  was  not  marked  con- 
demned. 

Q.  Was  not  the  mule  which  Major  Perry  took  in  exchange,  and  which  you  afterward 
turned  over  to  your  successor,  a  larger  one  than  the  brown  one  you  missed  ? — A.  It  was 
taller  and  heavier. 

Q.  Did  not  the  accused  tell  you  at  the  time,  or  did  you  not  otherwise  know,  tliat  Major 
Perry  made  this  exchange  so  as  to  get  a  better  mule  for  your  ambulance  team? — A.  We 
woi'ked  horses  in  the  ambulance  at  that  time  :  we  drew  ambulance  horses  some  time  before 
that.  He  did  not.  I  do  not.  I  was  not  consulted  till  after  the  exchange  was  made,  and 
be  said  nothing  about  the  ambulance  team  at  any  time. 

Q.  Was  not  the  ambulance  ever  driven  with  mules  at  any  time  ? — A.  Yes,  sir  ;  it  has  been 
diiven  by  mules. 

Q.  Do  you  know  that  the  brown  mule  which  Major  Perry  exchanged  for  the  larger  and 
serviceable  one  was  in  the  habit  of  shying  when  driven  in  the  ambulance  ? — A.  I  do  not  know ; 
I  heard  the  driver  say  he  did. 

Q.  Do  you  know  anything  further  than  you  have  stated  in  regard  to  Major  Perry  selling 
a  government  mule  ? — A.  I  do  not. 

Q.  When  you  say  you  think  there  was  a  surplus  of  stock  at  the  Alabama  Press,  before  the 
1st  of  December',  do  you  mean  to  be  understood  that  three  mules  were  more  than  you 
needed  ? — A.  No,  sir  ;  I  had  no  surplus  mules. 

Q.  In  drawing  sawdust  for  the  press,  would  it  not  save  time  and  be  a  convenience  gen- 
erally to  obtain  a  loan  of  two  mule  teams  aud  wagons  ? — A.  Yes,  sir  ;  it  would  save  time. 

Q-  Did  you  have  more  than  one  army  wagon  of  your  own  at  the  Alabama  Press  ?  What 
was  the  largest  number  of  men  r^uartered  at  the  press  while  you  were  there  ? — A.  I  had  but 
one  army  wagon.  I  do  not  know  the  number  of  men  ;  if  I  should  say,  it  would  be  guess- 
work. I  drew  rations  for  them.  I  think  the  greatest  number  at  one  time  was  about  ISO-JUO. 
It  was  a  recruiting  depot.     The  men  came  in  one  day  and  went  out  the  next. 

By  Judge  Advocate  : 

Q.  State  what  other  means  of  transportation  you  liad  beside  the  army  wagon. — A.  We  had 
an  ambulance,  a  liglit  spring  wagon,  and  a  cart. 

The  court  and  jjarties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

The  court  then,  on  motion,  t)y  \inanimous  vole,  at  2  o'clock  p.  m,,  adjourned  to  meet  again 
at  10  o'clock  a.  m.  to-morrow,  the  J 3th  instant. 

•New  Okleans,  Louisiana,  January  13,  186.5 — 10  o'clock  a.  m. 

The  court  mot  pursuant  to  adjourumeut  and  above  orders. 

Present:  The  same  members  as  yesterday,  the  judge  advocate,  and  the  accused  and  his 
counsel. 

_  Sergeant  B.  F.  Bice,  One  hundred  and  thirtieth  Illinois  infantry,  a  witness  for  prosecu- 
tion, sworn  and  examined  in  presence  of  accused. 

By  Judge  Advocate  : 

Question.  State  your  name,  present  occupation,  and  if  you   know  the  accused,  how  long 


234  DAVIS    HATCH. 

you  have  known  him. — Answer.  B.  F.  Bice.  I  am  ser^^eant  Company  B,  One  hundred  and 
thirtieth  Illinois  infantry.  I  know  the  accused ;  have  known  him  since  November  last ; 
about  the  1st  of  November. 

Q.  Ill  what  capacity  were  you  acting  in  the  month  of  November  last  ? — A.  I  was  staying 
at  the  Alabama  Press  awaiting  the  return  of  a  petition.  The  Press  was  then  used  as  a  re- 
cruiting depot,  and  commanded  by  the  accused. 

Q.  Do  you  know  anything  about  a  government  mule  being  taken  from  that  recruiting 
depot  by  order  of  the  accused  ?  If  so,  state  when  it  was  and  all  the  circumstances,  so  far  as 
you  know. — A.  I  know  nothing  about  a  mule  being  taken  from  there.  I  know  there  was 
three  mules  there,  and  one  of  them  was  taken  from  there  and  another  returned  in  its  place, 
by  whose  order  I  do  not  know.  This  was  about  the  middle  of  November.  The  mule  that 
was  taken  away  was,  I  think,  a  light  bay  mule,  of  ordinary  size,  neither  large  nor  small. 
I  could  not  say  whether  it  was  branded  or  not.  The  mule  that  came  there  in  tbe  place  of  it 
Avas  a  larger  mule  than  the  one  taken  away,  and  of  a  brown  color.  I  do  not  know  whether 
it  was  branded  or  not.  I  have  never  seen  the  one  which  was  taken  away  since,  and  have  no 
idea  where  it  went  to.  This  mule  had  been  in  the  press  from  the  27th  day  of  April  last,  and 
used  in  the  wagon  for  drawing  provisions.  I  know  that  the  one  returned  in  its  place  re- 
mained in  the  press  two  or  three  days.  Whether  it  was  there  when  I  left,  or  not,  I  do  not 
know. 

Q.  Do  you  know  anything  about  any  goverment  forage  having  been  taken  from  the  press, 
where  it  was  taken  to,  and  by  whose  order  ? — A.  I  know  that  some  forage  was  taken  away 
from  there  ;  I  do  not  know  by  whose  order  or  where  it  was  taken  to.  This  was  between  the 
5th  and  luth  of  November. 

By  Accused : 

Q.  You  say  the  mule  which  came  in,  in  the  place  of  the  mule  that  went  out,  was  at  the 
Alabama  Press  two  or  three  days.  So  far  as  your  knowledge  goes,  is  it  not  there  still  ? — A.  I 
cannot  say  whether  it  is  or  not.     It  may  be  there  for  all  I  know. 

Q.  You  have  stated  that  the  mule  which  was  taken  in  exchange  was  larger  than  the  one 
that  went  away  ;  was  it  not  equally  valuable,  or  eveu  more  valuable  ? — A.  I  could  not  say 
what  the  value  of  either  mule  was. 

Q.  Did  30U  not  act  as  quartermaster's  clerk  at  Alabama  Press ;  if  yes,  did  not  Major 
Perry  draw  his  allowance  of  forage  and  fuel  at  the  press,  or  through  the  press  quarter- 
master ? — A.  I  was  merely  staying  there;  and  while  staying  I  remained  in  the  quarters 
of  Lieutenant  Henderson,  and  did  part  of  the  writing  iu  the  office.  I  think  he  did  draw 
his  t'uiage  and  fuel  there  for  that  month  at  least. 

Q.  Did  Major  Perry  ever  take  any  forage  away  from  the  press  ;  if  yes,  was  it  not  forage 
he  had  drawn  for  his  own  horses  ? — A.  I  could  not  say  by  whose  orders  the  forage  went 
away  iVom  the  press.  He  was  in  the  forage-room  when  the  forage  went  out  of  there.  I 
heard  no  orders  given.  It  was  forage  drawn  there  at  the  press  for  the  use  of  the  horses 
there. 

Q.  Can  you  not  remember  Major  Perry  asking  you  at  the  time,  "  \Vhich  is  my  pile?"  or 
words  to  that  effect .' — A.  I  do  not,  sir,  though  I  remember  being  in  the  forage-room  at  the 
time.  The  forage — that  is,  the  hay — was  all  piled  up  together,  though  I  do  not  think  it 
was  drawn  at  the  same  time. 

Q.  You  have  stated  that  Major  Perry  was  accustomed  to  draw  his  forage  from  the  press 
quartermaster;  was  he  not  thus  drawing  his  own  forage  from  the  press  quartermaster  at 
the  tinie  to  w  hich  you  refer  ? — A.  I  do  not  know  that  he  drew  his  forage  for  the  mouth 
before  of  the  press  (juartermaster.     I  think  he  was  drawing  his  own  forage. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

Alfrf.u  Ci.ark,  enlisted  under-cook,  of  African  descent,  witness  for  prosecution,  sworn 
and  examined  iu  presence  of  accused. 

By  Judge  Advocate : 

Question.  State  your  name,  present  occupation,  and  if  you  know  the  accused,  how  long 
you  have  known  liitn. — Answer.  Alfred  Clark  ;  I  am  a  recruit  at  the  Alabama  Press,  and 
cooking  tliire  for  the  soldiers.  I  know  the  accused;  have  known  him  lor  two  or  three 
montlif. —  sinci^  he  cume  there  to  the  press. 

(^.  Stale  whether  you  ever  took  a  mule  away  from  the  Alabama  Press  aiul  brought 
another  back  in  its  place;  if  so,  who  was  it  told  you  to  do  so,  and  where  did  you  take  it 
to  I — A.  Yes,  sir;  1  took  a  mule  away  one  time,  and  brought  anollier  one  back  in  its  place. 
It  was  a  n-d  nnile  I  took  away.  'J'he  accused  told  nw,  to  take  it  away,  lie  told  me  to  take 
it  to  the  blacksmith  sho])  close  to  the  Alabama  Press,  up  tlie  river.  I  do  not  know  the 
name  of  the  Htreet.  lie  told  ni«!  to  put  it  in  \\h-  shop,  and  sIiowcm)  iiie  where  the  shop  was. 
I  took  the  nnili;  up  there  and  left  it  in  tlie  shop.  Tlieic  weii^  two  more  mnles  in  the  shop. 
They  were  standing  in  the  shop,  close  to  where  they  make  the  (ire,  in  the  back  part  of  the 
yard,  'i'iiey  were  liitciied  to  some  lead,  witii  chains  around  their  luscks.  I  left  the  one  I 
took,  and  brought  back  another  one  to  tlie  press.  The  accused  told  me  which  one  to  bring 
back ;  told  me  to  bring  back  a  kind  of  a  sorrel  mule.     The  jimles  had  hay  and  com  and 


DAVIS    HATCH.  235 

oats  there.  There  were  three  bales  of  hay  and  four  bags  of  corn  and  oats.  I  put  the  mule 
that  I  broufyht  back  to  the  press  into  tli«  same  place  that  I  brouf^ht  the  other  one  from. 
The  one  I  binug'ht  back  was  a  larger  mule  than  the  one;  I  took  away,  and  darker  colored. 
The  one  I  tcidi  to  the  siiop  did  not  have  any  government  mark  on  ;  the  one  I  brought  Ijack 
did  have.  Both  the  mules  are  mare  mules.  The  hair  on  the  tail  of  the  mule  I  took  to  the 
shop  had  been  sheared  a  long  time  ago,  but  grown  out  again.  I  saw  a  man  at  the  shop. 
He  was  working  around  there,  and  there  was  fire  in  the  shop.  He  was  a  big,  fat  man  ;  not 
so  tall.     He  was  working  at  iron. 

Q.  State  whether  you  have  ever  assisted  in  taking  hay  or  corn  up  to  that  shop. — A.  I 
took  some  hay  and  corn  up  to  that  shop  once.  The  accused  told  me  to  do  so.  We  took 
the  hay  and  corn  from  the  Alabama  Press.  We  took  up  two  bales  of  hay  and  some  oats 
and  corn — two  bags  of  oats  and  two  bags  of  corn.  This  was  two  or  three  days  before  I 
took  up  the  nnile.  There  were  mules  in  the  shop  then.  They  were  the  same  ones  I  saw 
there  when  I  took  tlie  other  mule  up.  One  of  the  other  mules  was  a  black  nmle,  and  the 
other  a  red  nude.  The  black  nmle  was  a  large  mule,  and  the  red  mule  wus  a  small  one. 
When  I  went  to  briijg  the  hay  and  corn  there,  there  was  a  man  then  with  me  ;  a  man 
whom  1  had  seen  frequently  at  the  press  with  the  accused.  He  had  on  citizen's  clothes — 
gray  coat,  black  pants,  and  sometimes  had  a  cap,  kind  of  black,  and  sometimes  a  hat.  He 
liad  a  key  and  let  me  into  the  shop.  He  went  with  me  to  show  me  the  place  where  I  had 
to  put  tlie  hay;  and  this  shop  is  on  the  right-hand  side  of  the  street  as  we  go  up.  It  was 
two  or  three  da^'s  after  I  took  the  mule  there  that  I  took  this  hay  and  corn  there.  When  I 
took  the  nude  up  the  accused  went  with  me,  and  the  shop  was  open.  The  back  part  of  this 
shop  is  open.     The  roof  does  not  extend  over  it. 

By  AcursED : 
Q.  The  nmle  you  took  up  to  the  shop — had  you  ever  driven  it  in  the  ambulance  up 
to  Carrollton  ? — A.  I  had  driven  this  mule  up  to  Carrollton.  He  did  not  like  to  go 
across  the  gutters.  The  accused  said  he  was  going  to  trade  it  for  another.  The  mule 
did  shy  when  he  came  to  a  bridge.  The  mules  were  used  at  that  time  for  driving  in 
the  ambulance.  The  mule  I  brought  back  from  the  shop  had  a  government  brand  on 
it — a  "  U.  S."  The  forage  I  took  up  to  the  shop  was  taken  from  the  commissary  room  ia  a 
pile  separate  from  the  forage — Major  Perry's  pile. 

By  Judge  Advocate  : 

Q.  What  did  the  accused  say  about  trading  this  mule  for  another  ? — A.  He  told  me  the 
mule  was  too  bad  to  go  in  the  ambulance,  and  that  he  was  going  to  trade  it  for  another. 
The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

First  Sergeant  E.  E.  McFadden,  Company  A,  First  New  Orleans  volunteers,  witness  for 
prosecution,  sworn  and  examined  in  presence  of  accused. 

By  Judge  Advocate  : 

Question.  State  your  name,  present  occupation,  and  if  you  know  the  accused,  how  long 
you  have  known  him. — Answer.  Enoch  E.  McFadden.  I  am  orderly  sergeant  Company  A, 
First  New  Orleans  volunteers.     I  know  the  accused  ;  have  known  him  about  three  months. 

Q.  State  in  what  capacity  you  were  acting  in  the  month  of  November  last. — A.  About 
the  1st  of  November  I  was  acting  as  qnartermaster  sergeant  at  the  general  recruiting  depot 
at  Alabama  Press.     I  was  relieved  from  there  on  the  2:l(\  day  of  December, 

Q.  Do  you  know  anything  about  a  government  mule  which  had  been  used  at  that  press 
being  missed,  and  another  mule  found  in  its  place  ?  If  so,  state  when  it  was,  and  all  the  cir- 
cumstances, so  far  as  you  know. — A.  Yes ;  there  was  a  mule  missing  from  there — a  gov- 
ernment mule,  and  another  in  its  place.  I  do  not  recollect  the  date.  I  think  it  was  between 
the  first  and  nnddle  of  November.  I  had  the  mule  there  and  used  it  drawing  rations  for  the 
recruits,  and  it  was  missing  and  another  in  its  place.  It  was  a  dark-colored  nmle  there  in 
the  place  of  it — I  do  not  know  what  you  might  call  it — dark  bay.  The  one  that  was  miss- 
ing never  came  back  to  the  press  that  I  know  of.  It  had  been  missing  once  before  some 
two  or  three  da^'s.  I  do  not  know  why  it  was  out.  It  was  returned  again  after  being  out 
two  or  three  days.  This  was  some  ten  days  betbre  it  was  missed  the  last  time  ;  there  was  a 
mule  in  the  place  of  it  then.  This  was  a  dark-colored  mule,  a  good-sized  mule,  about  the 
average  size.  It  was  a  larger  mule,  but  not  in  as  good  order  as  the  one  taken  away.  I  do 
not  know  whether  there  were  any  brands  on  it  or  not.  It  was  a  dark  bay  mule.  I  do  not 
know  how  this  mule  came  there,  or  how  it  went  away. 

Q.  Describe  the  one  taken  away  particularly. — A.  It  was  a  red  sorrel  mule ;  I  think  a 
mare  mule.  One  of  the  ears  was  cropped,  and  perhaps  the  same  ear  split.  I  think  it  was 
branded  "U.S."  It  was  not  as  tall  as  either  of  tho.se  left  in  the  place  of  it;  it  was  as 
heavy,  though ;  it  had  more  flesh.  It  was  in  good  working  order.  I  do  not  know  how 
this  nmle  came  back,  or  where  it  had  been  in  the  meantime. 

Q.  Describe  particularly  this  last  mule  found  in  the  place  of  the  one  missing. — A.  This 
mule  was  about  the  color  of  the  first,  a  dark-colored  nmle,  I  think  a  brown  mule.  I  no- 
ticed no  marks  about  it.     It  was  in  tolerably  fair  working  order.     I  do  not  know  anything 


236  DAVIS   HATCH. 

about  how  this  inule  came  there,  or  where  it  came  from,  and  never  heard  the  accused  say 
■where  either  of  these  mnles  came  from,  or  where  the  other  one  was  gone  to. 

The  court  and  piirties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

John  Edmoxd,  mulatto,  witness  for  prosecution,  sworn  and  examined  in  presence  of  the 
accused. 

By  the  Judge  Advocate  : 

Question.  Sta*e  your  name,  aj^e,  and  place  of  residence,  and  present  occupation. — Answer. 
John  Edmond;  I  do  not  know  how  old  I  am;  I  am  waiting  on  Lieutenant  Henderson. 

Q.  Do  you  know  the  accirsed  ;  if  so,  how  long  have  you  known  him  ? — A,  I  know  the 
accused  ;  have  known  him.     His  name  is  Major  Perry. 

Q.  Do  you  know  anything  about  a  nuile  being  missed  from  the  recruiting  depot  at 
the  Alabama  Press  when  Lieutenant  Henderson  was  on  duty? — A.  Yes,  sir;  I  went  to 
look  for  this  mule.  I  did  not  find  it.  It  was  missed  once  and  then  came  back,  and 
the  last  time  it  was  missed  I  took  it  out  and  put  it  behind  the  ambulance,  and  it  never 
came  back  any  more.  The  accused  told  me  to  do  this.  I  do  not  know  where  he  took 
it  to.  This  mule  would  not  work  in  a  cart,  and  one  day  the  accused  he  told  me  to  put 
behind  the  cart  and  carry  it  up  there — up  above  the  press  there  at  the  blacksmith's 
shop.  This  was  the  first  time  it  went  away.  The  accused  and  another  man,  whose 
name  is  Staples,  went  with  me  up  to  this  blacksmith's  shop  this  time.  They  put  the 
mule  iu  the  shop  and  tied  him.  They  did  not  take  another  mule  back  with  them ;  the 
other  mule  was  already  back  at  the  press.  I  had  taken  it  down  to  the  press  the  morn- 
ing of  the  day  before.  At  the  time  we  went  after  this  mule  the  accused  went  up  alone 
with  me.  All  that  I  heard  either  the  accused  or  Staples  say  about  the  mules  was  that  the 
mule  taken  to  the  press  was  a  better  mule  than  the  other.  When  I  went  up  after  the  first 
mule  there  were  two  mules  there,  and  onl}'  two  when  I  took  the  other  back.  There  was  hay 
and  graiu  iu  this  shop  both  times.  AVhen  I  took  the  mule  out  and  hitched  it  behind  the  am- 
bulance, the  accu.sed  drove  oli'  up  toward  the  blacksmith's  shop.  Mr.  Staples  was  with  the 
accused  a  short  time  before  this  ;  I  do  not  know  where  he  was  then.  The  mule  that  I  hrousrht 
there  to  the  press  is  there  now.  It  has  one  eye  and  is  a  sort  of  a  black  mule.  About  a 
week  after  I  took  the  mule  to  the  blacksmith's  shop,  I  was  there  again.  The  mule  was  not 
there  then  ;  some  men  were  in  there  working  there.  I  assisted  in  taking  some  hay  and  corn 
up  to  this  shop  once.  This  was  before  I  hitched  the  mule  at  the  hind  end  of  the  ambulance  ; 
and  after  I  had  taken  the  mule  up  there  I  took  up  seven  sacks  of  corn  aud  two  bales  of  hay. 
Alphonse  took  some  at  another  time.  The  accused  showed  me  where  to  carry  it.  I  left  it  in 
this  shop.     There  were  only  two  mules  there. 

Cross-examination : 

The  forage  was  in  one  pile  at  the  press.  The  forage  comes  to  the  press  in  wagons  that  do 
not  come  out  of  the  press,  and  the  forage  I  took  to  the  blacksmitli's  shop  came  iu  outside 
wagons.  I  know  I  am  more  than  twelve  years  old,  and  am  not  twenty  years  old.  I  am  not 
enlisted  in  the  army  ;  I  am  merely  waiting  on  Lieutenant  Henderson,  and  he  hires  me. 

The  court  aud  parties  having  no  further  questious  to  ask,  the  witness  was  dismissed. 

The  court  then,  at  3  o'clock  p.  m.,  adjourned  to  meet  agaiu  at  10  o'clock  a.  ni.,  the  14th 
instant. 

New  Orleans,  Louisiana,  January  14,  18G5— 10  o'clock  a.  m. 

The  court  met  pursuant  to  adjournment  and  above  orders. 

Present :  Tlie  same  members  as  yesterday  and  the  judge  advocate  and  the  accused  aud  his 
counsel. 

Colonel  W.  C.  Holbrook,  Seventh  Vermont  veteran  volunteers,  having  been  summoned  to 
appear  a.s  a  witne.s8  before  another  court-martial,  retired.  The  court  thereupon  adjourned  to 
meet  agaiu  at  10  o'clock  a.  m.  on  Monday,  the  IGth  instant. 

New  Orleans,  Louisiana,  Jannury  If,  1804—10  o'clock  a.  ni. 
The  court  met  ])ursuant  to  ailjournuKMit  and  above  orders. 

Prc'sent:  The  same  member.-*  as  on  Saturday,  the  14th  iustant,  the  judge  advocate,  ac- 
cused, aud  his  counsel. 

James  Fitzpatkick,  special  officer  of  river  police,  witness  for  prosecution,  sworn  aud 
examined  in  i)reseuce  of  accused. 

]{y  Jli)(;e  Advocate: 

Question.  State  your  name,  present  occupiition,  and  if  you  know  the  accused,  how  long 
you  have  known  him. — Answer.  James  l''it/patrick.  I  am  about  tiiirty-six  years  of  age.  I 
am  special  olTicc.r  of  the  river  police  at  present.  I  know  tlje  accused  ;  liave  known  iiim  since 
about  the  2i|  of  December  last. 

Q.  State  iu  wliat  capacity  you  wore  acting  during  the  first  days  of  Deceml)er  last. — A.  I 
was  special  detective,  Department  of  the  Gulf. 


DAVIS    HATCH.  237 

Q  If  you  have  evor  hail  any  conversation  with  accused  in  rcg'arJ  to  a  certain  roan  horse 
and  certain  mules  wiiieli  iiad  formerly  been  in  the.  possession  of  Captain  Jiorries,  state  whea 
and  where  it  was,  and  tlio  laupjua<^e  useil  by  both  parties  tliereto,  and  all  the  circumstances. — 
A.  On  or  about  the  2d  of  December  last,  I  visited  the  Alabama  Cotton  Press  for  the  purpose 
of  searching  tor  supposed  stolen  government  nuiles  and  horses,  and  also  arresting  such  par- 
tics  therein  as  I  thought  proper.  I  received  my  orders  from  Captain  Cheek,  assistant  pro- 
vost marshal  general ;  the  orders  were  written.  I  went,  and  iiujuired  for  Major  Perry,  tulJ 
him  the  object  of  my  visit,  and  sliowed  him  my  written  order.  I  also  took  Mr.  Pierce,  of  tiie 
Second  Illinois  battery,  to  identify  these  horses  aiul  uuiles.  The  accused  stated  that  he  had 
no  ol)jection  to  my  examining  the  premises,  and  taking  any  parties  I  pleased  out  of  there,  or 
words  to  that  effect.  Me  appeared  angry  with  the  provost  marshal — that  is.  Colonel  Robin- 
son— forgiving  this  order  to  have  him  arrested,  and  stated  that  he  believed  it  was  on  account 
of  the  bad  feeling  existing  between  him  and  Colonel  Robinson.  After  conversing  witli  two  or 
three  men  in  the  press,  I  asked  the  accused  about  a  certain  horse  which  was  missing  from  the 
Illinois  battery,  and  which  had  been  in  his  possession  some  time  previous — a  large  roan  horse. 
Tlie  accused  told  mo  the  liorse  was  in  Phil.  Siner's  stable,  and  invited  me  to  rnh;  do.vn  with 
Lini  to  provost  marshal  general,  to  have  au  understanding  aboj,it  it.  This  I  did  not  do,  be- 
cause I  wished  to  go  to  Siner's  before  hiar.  I  then  proceeded  to  Siner's  stable  and  questioned 
Siner  about  the  horse.  He  told  me  that  Major  Perry  had  taken  away  the  horse  the  morning 
previous.  I  went  in  search  of  tlie  horse  and  Ibund  him  in  a  government  stable  on  Frerit  street. 
I  seized  the  horse,  but  finally  left  it  there.  I  saw  the  accused  about  it  the  following  morning 
at  provost  marshal  general's  ofnce;  in  talking  with  him,  I  told  him  wliat  Mr.  Siner  had  told 
Die  about  the  horse  being  taken  away  by  himself.  He  appeared  angry,  and  stated  tliat  the 
horse  was  his  private  pro[)erty.  And  I  asked  him  who  he  had  got  tiie  horse  from.  He  re- 
plied that  he  had  bought  the  horse  from  an  officer.  I  asked  him  who  ;  and  he  deliued  to  tell 
me  his  name,  and  stated  that  detectives  were  sons  of  bitches ;  black  mailers,  and  come 
smiling  to  men  to  get  information  from  them  and  tlieu  deceived  them ;  or  words  to  that 
effect.  I  told  him  that  no  man  had  a  greater  respect  for  a  federal  officer  or  soldier  than  I 
had  ;  that  I  knew  a  portion  of  detectives  were  what  he  represented,  that  they  could  not  be 
worse  characters  than  some  federal  officers.  He  then  spoke  somtahing  about  giving  up  his 
commission  to  have  revenge.  lie  was  remarkably  excited  and  angry.  In  the  press  the  ac- 
cused also  stated  that  the  horse  was  his  private  property. 

Q.  State  what  occurred  on  Saturday  morning  last,  while  you  were  in  attendance  on  thi.s 
court  as  a  witness,  between  you  and  the  accused  in  the  witness  room,  while  awaiting  the 
convening  of  the  court,  which  occasioned  you  to  appeal  to  the  court  for  protection. — A.  I 
was  sitting  inside  at  the  fire  in  company  with  a  soldier.  The  accused  came  into  the  rooui 
in  an  excited  manner  and  questioned  me  as  to  a  conversation  that  he  and  I  had  liad,  and 
what  I  l^new  about  the  case,  &.c. ;  accused  me  of  having  the  conducting  of  this  thing  and 
of  acting  wrong,  persecuting  him,  or  words  to  that  effect.  I  reasoned  with  liim,  and  told 
him  ;  asked  him  it  he  was  placed  in  ray  position  how  he  would  act.  and  told  him  that  a  sol- 
dier had  come  to  one  oflicer  and  reporied  about  these  horses  and  mules,  and  that  I  had  beea 
set  on  tiiat  business.  He  then  called  me  a  liar,  and  threatened  to  lick  me,  and  stated  that 
bis  hands  and  feet  were  now  tied,  and  he  did  want  to  do  it  now,  or  words  to  that  effect. 

(Objection.  The  accused  here  objected  to  all  the  testimony  on  the  subject  of  the  interview 
of  accused  with  witness  on  Saturday  last  as  u'relevaut.  The  accused  is  not  charged  with 
any  improper  conduct  toward  the  witness.  The  case  has  already  been  cumbered  with 
much  testimony  of  a  doubtful  relevancy,  and  if  the  particular  animus  of  every  witness,  grow- 
ing out  of  facts  arising  during  the  trial,  be  the  subject  of  further  testimony,  the  case  will  be 
endless.  If  the  witness  be  allowed  to  prove  wliat  is  endeavored  to  be  sliown,  the  accused 
must  be  allowed  to  disprove  it,  and  so  on  ad  iiijinltuiii,  while  the  investigation  of  the  real 
issues  would  be  suspended. 

The  judge  advocate  replied  that  the  object  of  this  testimony  is  to  show  an  attempt  on  the 
part  of  the  accused  to  intimidate  a  witness  of  the  prosecution  by  threats,  menaces,  and  harsh 
accusations,  which  conduct  on  the  part  of  the  accused  is  presumptive  evidence  of  guilt,  and 
referred  to  Wharton's  Americtiu  Criminal  Law,  paragraph  714. 

The  court  was  then  cleared,  and  after  mature  deliberation,  the  doors  were  opened — the 
accused  and  his  counsel  present ;  the  decision  of  the  court  was  announced  by  the  judge  ad- 
vocate, that  the  objectiou  of  the  accused  be  overruled,  and  the  evidence  be  admitted.) 

By  Accused : 

Q.  Was  not  the  order  given  you  by  Captain  Cheek  au  order  to  arrest  Mister  Perry  ?  If 
yes,  what  was  said  by  you  and  accused  in  relation  thereto  .' — A.  Captain  Cheek  ordered  me 
to  arrest  one  Perry,  if  he  was  not  a  major.  I  handed  Major  Perry  the  order — the  written 
order.  He  read  it,  and  appeared  angry  at  his  being  ordered  to  be  arrested.  I  inquired  if  he 
was  a  major ;  there  was  a  doubt  as  to  whether  he  was  or  not,  from  the  fact  that  he  had  usually- 
worn  citizen's  clothes.  He  told  me  he  was  a  major,  and  showed  me  papers  that  lie  had  for- 
merly been  a  captain.  The  written  order  was  to  arrest  one  Perry  ;  and  I  was  instructed  to 
ascertain  if  he  was  a  major,  and  if  so,  not  to  arrest  him. 

Q.  Did  not  Major  Perry  offer  to  go  with  you  and  explain  the  matter  to  Captain  Cheek ; 
and  offer  to  take  you  with  him  in  a  wagon  ? — A.  Yes,  sir. 


238  DAVIS    HATCH. 

Q.  Did  not  Major  Perry  tell  you  that  the  roan  horse  was  his  own  private  property  ?  Did 
he  not  also  state  the  same  to  Captain  Cheeis? — A.  He  told  me  so.  I  do  not  know  what  he 
stated  to  Captain  Cheelt. 

Q.  Did  he  not  also  tell  you  that  twelve  mules  of  Captain  Borries's  were  in  the  Alabama 
Press,  in  his  (Major  Perry's)  possession;  and  did  not  you  see  them  in  the  stables  of  Major 
Perry's  press  ? — A.  If  he  said  so,  I  did  not  hear  him.  We  had  a  long  conversation ;  he 
might  possibly  have  said  so.  I  did  not  see  the  mules  there.  I  saw  some  iive  or  six,  but 
none  that  Pii-rce  identified  as  belonging  to  Captain  Borries.  I  swear  that  I  did  not  see 
twelve  mules  there  in  the  stables,  though  I  went  into  them. 

Q.  Did  you  go  into  a  shed,  near  the  sutler's  store,  where  mules  were  kept?  If  yes,  how 
many  mules  did  you  see  there  ? — A.  I  do  not  know  where  the  sutler's  store  is  kept.  I  went 
into  two  sheds  ;  I  did  not  see  more  than  five  or  six  mules  there  altogether ;  there  might  have 
been  a  thousand  there. 

Q.  Did  not  Major  Perry  offer  to  go  with  you  to  the  place  where  the  roan  horse  was  kept  ? 
If  yes,  why  did  you  not  go  with  him  ?— A    He  did  not. 

Q.  Do  you  know  whether  Major  Perry  was  aware  at  this  time  that  the  roan  horse  had 
been  sold  tor  him? — A.  I  do  ilot  know  tliat  he  was.  He  told  me,  as  I  before  swore,  that  he 
was  in  Siner's  stable. 

Q.  When  and  where  did  you  see  Major  Perry  next? — A.  At  the  provost  marshal's  office, 
in  the  hall,  on  the  following  morning. 

Q.  Did  not  Major  Perry  tliere  tell  you  that  the  roan  horse  had  been  sold,  and  he  had  the 
money  (or  a  part  of  it)  in  his  pocket  ? — A.  No  ;  but  he  told  that  it  was  his  private  property  ; 
that  he  had  bought  it  from  an  officer,  but  declined  to  tell  me  who  that  officer  was,  and  got 
terribly  excited  over  it. 

Q.  Did  he  not  also  tell  you  then  and  there  that  the  twelve  mules  were  still  at  his  press, 
and  oH'er  to  take  tliem  up  and  show  them  to  you  '1 — A.  No. 

Q.  Who  were  present  at  this  last  interview  in  the  hall,  at  the  office  of  the  provost  mar- 
shal general  ? — A.  There  was  an  officer  Henuepy  present  at  the  latter  portion  of  it,  and  some 
citizen  I  do  not  know  ;  Captain  Borries  was  also  in  the  hall,  though  not  immediately  present, 
and  may  have  htard  a  portion  of  the  conversation. 

Q.  Why  did  you  not  go  with  Major  Perry  from  his  press  to  the  office  of  the  provost  marshal 
general  when  he  invited  you  to  go  in  his  buggy  ? — A.  I  suspected  that  Major  Perry  wanted 
to  go  down  to  Siner's  stables,  and  I  wislied  to  go  there  first ;  besides,  I  had  Pierce  witli  mo 
and  wanted  to  have  him  go  along.  I  wished  to  go  to  Siner's  stables  immediately  ;  1  was 
not  afraid  Major  Perry  would  stop  there  on  the  way.  I  went  to  Siner's  stables  and  found 
nothing  tliere;  I  state  distinctly  and  positively  that  the  accused  said  that  the  horse  was  at 
Phil.  Siner's  stables.  Some  men  were  present;  I  do  not  know  their  nimes  ;'  I  do  not  know 
that  they  were  within  hearing  distance. 

Q.  Wiien  did  you  first  ascertain  where  the  roan  horse  was? — A.  That  same  day  that  I 
visited  Major  Perry's  and  Siner's  stables. 

Q.  In  the  interview  you  had  in  tlie  next  room  on  Saturday  last  with  Major  Perry,  did  he 
ask  3-ou  not  to  testify  against  him  ? — A.  He  did  not. 

Q.  Did  he  make  any  s^iecific  threats  against  you,  in  case  you  should  testify  against  him  7 — 
A.   He  did  not. 

Q.  Did  he  try  in  any  way  to  intimidate  you,  so  that  you  should  not  testify  ? — A.  I  took 
his  threat  he  would  whip  nie  if  his  feet  and  hands  were  not  tied  as  a  tlu-eat  to  intimidate  me; 
but  this  may  not  have  been  liis  intention. 

Q.  Were  you  intimidated  so  as  to  affect  your  testimony,  and  make  it  more  favorable  to 
Major  Perry  ? — A.  Not  at  all. 

Q.  You  say  Major  Perry  spoke  of  throwing  aside  his  commission  to  have  revenge  on  you  ; 
please  state  more  fully  what  he  saiil  and  how  iu!  came  to  say  it. — A.  I  do  not  remcmljer  the 
precise  words  he  used  ;  I  was  a  little  excited  myself  on  the  occasion.  The  substance  of  it 
was,  that  lie  would  lay  aside  his  commission  to  have  revenge  on  me.  Tiiis  was  in  the  hall 
of  the  office  of  provost  marshal  general. 

Q.  I>id  lie  not  say,  in  substance,  that  if  you  would  throw  aside  your  official  position  ho 
would  throw  aside  his,  and  settle  any  jiersonal  difficulties  you  might  have,  as  sucii  tilings 
are  commonly  settled  between  man  and  man  ? — A.  I  do  not  know  that  he  used  these  words  ; 
I  before  stated  the  substance  of  what  he  said.  He  did  not  make  use  of  the  language  stated, 
to  my  knowledge, 

Q  Did  he  not  convey  such  meaning  to  your  mind  ? — A.  I  took  it  that  the  accused,  on  ac- 
count of  his  commission,  was  not  at  liberty  to  ([uarrel  with  mo.  What  fiis  real  meaning 
was  I  do  not  know. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

Samuel  Johnson,  a  witness  for  the  prosecution,  sworn  and  examined  in  presence  of  ac 
cuscd. 

I'.y  .Ji;i)OR  Advocatk  : 

Question.  State  your  name,  age,  present  occupation,  and  place  of  residence. — Answer. 
Saiimel  .Johnson  ;  I  am  twenty-one  years  of  age ;  I  live  in  New  Orleans ;  I  have  no  occupa- 
tion at  present. 


DAVIS    HATCH.  239 

Q.  Do  you  know  tho  accused  ;  if  so,  liow  lon<T  have  you  known  him? — A.  I  know  the 
accuseil ;  have  known  hitn,  I  suppose,  about  six  weeks. 

Q.  8tate  in  what  cajjacity  you  were  employed  in  the  first  days  of  December  L-ist. — A^  I 
■was  then  first  lieutenant  Company  K,  F'irst  Louisiana  cavalry,  and  on  duty  at  tlie  Alabama 
Press.     I  was  ordered  to  report  to  the  accused  For  duty. 

Q.  State  whether  or  not  you  was  officer  of  the  day  at  that  press  at  any  time  between  the 
2d  and  '.)th  of  December  last ;  and  if  so,  how  many  times? — A.  I  was  officer  of  the  day  ;  I 
was  actiuff  as  sucii  every  other  day. 

Q.  If  you  received  any  order  from  tho  accused  while  actinsy  as  officer  of  the  day  at  that 
place  in  regard  to  detectives  or  police  officers,  state  what  they  were,  when  given,  and  how 
long  in  force. — A.  I  received  orders,  while  officer  of  the  day,  from  Major  Perry,  not  to  allow 
any  police  officers  or  detectives  inside  of  the  press,  and  if  they  demanded  an  entrance  to 
put  them  in  the  guard-house,  and  if  they  made  any  resistance  to  buck  and  gag  them.  These 
orders  we,re  given  to  me  verbally.  These  orders  were  given  and  turned  over  to  the  next 
officer  of  the  day,  and  were  in  force  until  the  9th  of  December,  when  the  accused  was 
arrested.     They  were  in  force  there  several  days. 

By  Accused : 

Q.  Do  you  know  by  whose  orders  Major  Perry  gave  these  directions? — A.  No,  sir. 

Q.  Do  you  know  why  they  were  given  ? — A.  I  know  the  reason  he  told  me  for  giving 
them — because,  he  said  a  police  officer  had  been  to  the  press  and  took  out  a  soldier  charged 
with  stealing  hats. 

Q.  Was  it  not  also  to  prevent  the  practice  of  police  officers  and  detectives  coming  to  the 
press  to  arrest  deserters,  for  which  afterward  they  claimed  a  reward  ? — A.  Well,  these  were 
the  reasons  he  alleged  for  giving  me  these  orders. 

Q.  Has  not  one  of  the  officers  at  the  press.  Lieutenant  Gibson,  been  under  arrest  lately 
for  allowing  a  civilian  officer  to  come  into  the  press  ? — A.  Yes,  sir  ;  he  was  under  arrest  at 
that  time  by  order  of  Captain  Sturgeon,  chief  mustering  officer. 

Q.  Have  you  ever  been  commissioned  or  mustered  in  as  a  lieutenant  of  First  Louisiana 
cavalry  ? — A.  Never  been  mustered — I  was  commissioned. 

By  Judge  Advocate : 

Q.  Do  you  know  of  any  such  orders  being  in  force  at  that  press  before  about  the  3d  or  4th 
of  December,  or  after  the  arrest  of  the  accused  ? — A.  I  acted  as  officer  of  the  day  both  be- 
fore and  after  that,  but  I  know  of  no  such  orders  being  in  force  after  his  arrest  and  before 
the  od  or  4th  of  December.  I  went  to  the  press  on  the  26th  and  reported  to  accused  on  the 
28tb,  and  acted  first  as  officer  of  the  day  on  the  29th. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

The  court  then,  at  3  o'clock  p.  m.,  adjourned  to  meet  at  10  o'clock  a.  m.  to-morrow,  the 
17th  instant. 

New  Orleans,  La.,  January  17,  1365 — 10  o'clock  a.  m. 

Court  met  pursuant  to  adjournment  and  above  orders. 

Present:  the  same  members  as  yesterday,  the  judge  advocate,  and  accused  and  his 
counsel. 

Sergeant  Egbert  J.  Briggs,  Company  I,  Seventy-seventh  Illinois  infantry,  a  witness  for 
prosecution,  sworn  and  examined  in  presence  of  accused. 

By  Judge  Advocate : 

Question.  State  your  name,  present  occupation,  and  if  you  know  the  accused,  how  long 
you  have  known  him. — Answer.  Robert  J.  Briggs.  I  am  a  sergeant  Company  I,  Seventy- 
seventh  Illinois  infantry.     I  know  the  accused  ;   have  known  him  about  two  months. 

Q.  State  where  you  were  ou  duty  during  the  months  of  November  and  December  last. — 
A.  At  the  Alabama  Press. 

Q.  State  whether  you  were  sergeant  of  the  guard  there  during  that  time;  and  if  so,  about 
how  often  ? — A.  I  was  sergeant  of  the  guard  there  during  that  time  about  every  five  days. 

Q.  If  you,  while  acting  as  sergeant  of  the  guard  there,  received  any  orders  in  regard  to 
detectives  and  policemen,  state  what  they  were,  and  when  you  received  them,  and  how  long 
they  renuiined  in  force. — A.  I  received  the  orders  that  if  any  policeman  or  detectives  wanted 
to  come  in,  and  pressed  upon  coming  in,  we  should  let  them  in,  and  put  them  in  the  guard- 
house, and  if  they  did  not  want  to  go  in  and  be  put  in  the  guard-house,  but  resisted  at  all, 
to  buck  and  gag  them.  I  cannot  remember  just  the  date  it  was  we  received  those  orders. 
I  do  not  know  that  these  orders  were  ever  revoked  but  were  never  turned  over  to  me  after 
the  arrest  of  the  accused.  I  was  on  guard  when  these  orders  were  given,  and  they  were 
never  turned  over  to  me  afterward.  This  was  probably  three  or  four  days  before  the  accused 
was  finally  arrested.  We  never  had  any  such  orders  there  bet'ore.  I  heard  the  accused  give 
those  orders  to  Lieutenant  Johnson,  and  the  lieutenant  gave  them  to  me. 

By  Accused: 

Q.  You  say  you  received  these  orders  about  November  15;  were  they  in  writing  or  verbal? 


240  DAVIS    HATCH. 

Do  yon  know  the  reason  of  these  orders,  and  by  v/hom  Major  Perry  was  directed  to 
make  them  ? — A.  Verbal  orders.  I  do  not  know  the  reason  of  these  orders,  or  by  whom  he 
w^s  directed  to  make  them.     Our  orders  were  not  to  let  citizens  in. 

Q.  Did  your  orders  direct  you  to  refuse  admittance  to  detectives  and  policemen,  and,  if 
they  insisted  upon  coming  in  by  force,  then  to  put  theai  in  the  guard-house  .' — A.  Yes,  sir. 

By  Judge  Advocate  : 

Q.  State,  if  you  know,  whether  a  detective  or  policeman  had  visited  the  accused,  and  had 
been  to  the  office  of  the  provost  marshal  before  these  orders  were  issued. — A.  There  had 
been  a  detective  in  the  press  there,  and  I  had  heard  that  he  had  been  up  to  the  office  of  the 
provost  marshal. 

The  court  and  parties  having  no  further  questions  to  ask,  the  vvituess  was  dismissed. 

Philip  Siner,  a  witness  for  the  prosecution,  sworn  and  examined  in  presence  of  accused. 

By  the  Judge  Advocate  : 

Question.  State  your  name,  age,  present  occupation,  and  place  of  residence. — Answer. 
Philip  Siner.  I  am  forty-six  years  of  age.  I  reside  at  1D3  Gravier  street,  iu  tliis  city.  I 
am  a  livery-stable  keeper. 

Q.  Do  you  know  the  accused;  if  so,  how  long  have  you  known  him? — A.  I  know  the 
accused  ;  have  known  liim  pretty  near  two  and  a  half  years. 

Q.  Do  you  know  one  Fitzpatrick,  formerly  a  detective  officer? — A.  I  never  knew  hi  in 
until  lately.     I  know  him  now  by  sight. 

Q.  State  whether  he  ever  came  to  your  stalbles,  inquiring  for  a  certain  roan  horse  which 
had  been  left  there  by  the  accused.  If  so,  state  when  it  was. — A.  He  came  there  once,  and 
asked  if  the  roan  horse  was  there.  I  told  him  he  had  been  there  the  night  previous,  but 
was  not  there  then. 

Q.  State  when  and  by  whom  this  horse  had  been  removed. — A.  I  was  not  there  when  the 
horse  went  out.  I  suppose,  though,  it  was  the  accused.  He  brought  him  there,  and  took 
him  away,  again,  I  suppose.  Fitzpatrick  came  there  about  midday,  and  the  horse  was 
removed  that  morning  or  the  day  before. 

Q.  State  whether  the  accused  has  ever  offered  to  sell  you  any  mules,  or  whether  you  ever 
bad  any  conversation  with  accused  in  regard  to  mules. — A.  Ho  never  did.     I  never  did. 

By  Accused  : 

Q.  "Was  not  the  accused  in  the  habit  of  ptrttiug  up  his  horsl^s  at  your  stable,  for  short 
tiuses  as  well  as  long,  during  the  last  year  ?  —  A.  Yes,  sir;  he  lias  had  horses  there  for  months. 
Always  when  he  came  in  from  camp  he  put  liis  horses  there  to  have  them  fed  up  ;  sometimes 
for  half  an  hour,  sometimes  for  months,  and  sometimes  for  a  single  night. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

It  being  impossible  to  obtain  the  presence  of  tiie  only  remaining  wituess  for  the  prosecu- 
tion to-day,  the  court  tlieu,  at  2  o'clock  p.  m.,  adjourned  to  meet  again  at  10  o'clock  a.  m. 
to-morrow,  the  Idth  instant. 

New  Orleans,  La.,  January  18,  1855 — 10  o'clock  a.  m. 

Court  met  pursuant  to  adjournment  and  above  orders. 

Present :  tin;  same  mendxMs  as  yesterday,  the  judge  advocate,  the  acci\sod,  and  his  counsel. 

Captain  Dutton,  Seventh  A'eriiiont  volunteers,  stated  that  a  nnlitary  connnission,  of  which 
he  was  a  member,  had  reconvened  for  the  puri)oso  of  reconsidering  a  case,  and  tluit  he  would 
necessaiily  be  absent  an  iicur  or  more  in  order  to  attend  the  couiuiission. 

The  court  thereupon  took  a  recess  for  one  hour,  or  until  Captain  Dutton  should  return. 

12  o'clock,  m.  ■ 

Tlie  court  again  met. 

I'resent :  the  same  members  as  in  tlie  morning,  tlio  judge  advocate,  accused,  and  his 
coun.sel.  Captain  Dutlfm  reported  that  the  military  commis.sioii  had  not  yet  concluded  their 
deliheratioiis,  and  would  )irnlml)iy  occupy  the  remainder  of  tlie  day. 

Tlie  court  thereupon  adjourned  to  meet  again  at  JO  o'clock  a.  m.  to-morrow,  the  I'Jth 
instant. 

New  Orleans,  Louisiana,  Junnnnj  I'J,  18G5— 10  a.  m. 

The  court  met  pursuant  to  adjourniiH  ut  and  above  orders. 

Pre.scnt :  the  .same  members  as  yesterday,  the  judge  advocate,  the  accused  and  his  counsel. 

PliiLiP  Doici'i",  a  witness  for  prosecution,  sworn  and  exiimined  in  presence  of  accused. 

By  Judge  Advocate: 

Question.  State  your  name,  ago,  place  of  residence,  and  occupation. — Answer.  Philip 
Dorpf ;  I  am  thirty-eiglit  years  of  age;  I  reside  at  ii:J2  llousseau  street,  this  city  ;  I  am  a 
horse-trader. 

Q.  Do  3  on  know  tlie  ftccnsed  ;  if  so,  how  long  have  you  known  him? — A.  I  know  the 
accused  ;  1  have  kiiowu  him  about  two  years  and  a  half. 


DAVIS    HATCH.  241 

Q.  Do  you  know  a  man  by  tlie  name  of  Stiiplos? — A.  Yes,  sir. 

Q.  Have  you  ever  had  any  coiiversation  with  liiin  iu  reg:aid  to  the  purchase  of  any 
mules  ?  W  so.  state  what  that  conversation  was,  when  ami  wliere  it  -was,  and  wlietlier 
tlie  accused  was  present. — A.  I  have  liad  such  a  conversation.  I  tiiink  it  must  have 
been  three  weeks  before  I  nuide  my  statement  before  the  jndpo  advocate,  on  the  7th  of 
December  hxst.  I  mot  iiim  at  the  stable  of  I'iiiiip  Siner.  He  told  me  he  had  got  some 
mules ;  said  that  he  would  like  to  sell  them  ;  that  they  were  on  Religious  street,  between 
Richard  and  Orange  streets,  in  a  blacksmith  shop.  I  went  to  the  shop.  I  went 
alone.  The  conversation  occurred  in  the  morning.  We  had  agreed  to  meet  at  the  black- 
smith shop  at  \2  o'clock  that  day.  I  went  there  at  the  time  ;  he  was  not  there.  I  waited 
at  the  corner,  at  Mr.  Hecker's,  for  him.  When  he  came  there  we  went  into  the  blacksmith 
shop.  He  came  alone.  He  showed  me  three  nuik^s,  which  were  tied  up  where  they  shoe 
horses  or  mules.  I  looked  at  them  and  told  him,  they  don't  suit  me;"  they  were  too  poor 
and  no  money  in  them  ;  I  had  rather  buy  horses.  He  said,  "  Well,  if  you  don't  want  them  it 
makes  no  odds."  We  returned  to  Mr.  Hecker's  coffee-house,  Mr.  Borries,  the  captain,  was 
standing  talking  with  Mr.  Hecker,  and  the  accused  came  from  below,  I  dou't  know  where, 
and  was  going  out  on  Orange  street  back.  1  called  the  accused  over  to  take  a  drink.  Ho 
asked  me  what  I  am  doing  up  that  way.  I  told  him  I  had  coine  up  ou  business  with  Staples, 
and  we  all  had  a  drink.  The  accused  said  he  was  going  home  to  dinner,  and  Staples  stood 
.outside  on  the  banquette  talking  to  another.  When  I  was  going  off,  away,  Hecker  called 
me  in,  and  we  had  some  conversation  about  the  two  horses  I  had  got  of  him. 

Q.  Was  nothing  said  by  you  to  accused  about  your  being  up  there  to  purchase  mules  ? — ■ 
A.  1  do  not  recollect  that  anything  was  said,  except  about  beiug  there  on  business.  I  do 
uot  remember  that  Major  Perry  came  into  the  shop  while  we  were  talking  about  the  mules 
or  asked  us  about  trading  mules. 

Q.  Describe  those  mules  which  Staples  offered  to  sell. — A.  Two  of  them  were  little  brown 
mules  ;  one  darker  than  the  other,  about  thirteen  hands  high,  and  the  other  a  large  mule, 
about  fourteen  or  frfteeu  bands  high,  and  very  poor  ;  he  was  dark  bay.  One  of  the  small 
mules  was  near  black,  and  the  other  sort  of  a  brown.  The  big  one  had  a  government  mark 
on  it,  I  think — I  did  not  see  it  plainly — I  thought  it  a  "  U.  S."  I  do  not  know  that  any- 
thing was  said  about  their  beiug  govennnent  nurles  ;  I  did  not  take  notice  of  the  ears  of 
these  mules,  and  their  tails  were  not  shaved.  Pat.  McGuire  used  to  be  the  owner  of  this 
shop.     I  did  uot  see  the  men  doing  anything. 

By  Accused : 

Q.  Which  way  was  IMajor  Perry  going  when  you  called  him  over  to  take  a  drink ' — A. 
He  came  iu  on  the  Religious  street  side — came  up  Religious  street  ;  he  was  on  the  other  side 
of  the  street  when  I  called  him  over  ;  he  was  going  in  the  direction  of  Orange  street.  I  do 
not  know  whetlier  he  was  going  to  his  room  or  not.  He  used  to  room  in  that  direction;  he 
told  me  he  was  going  to  dinner. 

Q.  Did  uot  the  accused  drink  lemonade  when,  as  you  say,  he  took  a  drink?  Did  you 
ever  know  him  to  drink  anything  stronger  in  the  last  two  years? — A.  I  do  not  recollect 
what  he  drank  there.     I  always  see  him  drink  milk  and  lemonade  for  the  last  two  years. 

Q.  Did  Major  Perry,  so  far  as  j^ou  know,  know  that  you  were  coming  up  with  Staples  to 
the  blacksmith  shop,  before  you  called  him  over  to  Hecker's  ? — A.  I  do  not  know.  I  did 
not  see  him  before  that  morning;  I  do  not  believe  he  did. 

Q.  Did  Major  Perry  take  any  part  in  the  negotiations  between  you  aird  Staples  respecting 
those  mules,  or  any  other  mules? — A.  No,  sir. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

The  prosecution  here  closed,  and  the  followiag  testimony  was  offered  by  the  defense : 

First  Lieutenant  H.  C.  Bates,  Eleventh  New  York  cavalry,  a  witness  for  defense,  sworn 
and  examined. 

By  Defense :  ' 

Question.  State  your  name,  present  occupation,  and,  if  you  know  the  accused,  how  long 
you  have  known  him. — Answer.  Henry  C.  Bates ;  I  am  tirst  lieutenant  Company  K,  Eleventh 
New  York  cavalry  ;  I  know  the  accused  ;  have  known  him  since  July  last. 

By  Accused : 

Q.  On  what  duty  were  you  in  November  last?  If  you  say  that  you  were  a  member  of  a 
board  of  inspection  for  purchase  of  horses,  please  state  if  you  remember  a  roan  horse,  pre- 
seuteii  to  your  board  for  sale  by  Mr.  Rogers  iu  November  last. — A.  I  was  amember  of  the 
board  of  inspection  for  purchasing  horses  for  the  government.  I  remember  the  roan  horse 
presented  by  him. 

Q.  Please  state  if  you  inspected  that  horse  carefully  and  purchased  him  ;  if  yes,  was 
there  any  U.  S.  braud  on  him  ? — A.  I  inspected  the  horse  carefully;  smoothed  the  hair  on 
the  shoulder  ;  saw  no  appearance  of  a  brand ;  I  do  not  think  there  was  any.  Captain  B.n:ly 
also  looked  tlie  horses  over.     I  do  not  know  that  he  looked  at  the  shoulder. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

S.  Eep.  234 10 


242  DAVIS    HATCH. 

Thomas  J.  Harris,  citizen,  %vituess  for  defense,  sworn  and  examined. 
By  Accused : 

Question.  Please  state  jour  name  and  age  and  occupation,  and,  if  you  know  the 
accused,  how  long  you  have  known  him. — .-iuswer.  Thomas  J.  Harris.  I  am  thirtv-uine 
years  of  age.  I  am  a  merchant.  Have  known  him  about  a  month  ;  less  than  a  month,  I 
think. 

Q.  Do  you  know  Captain  Borries  ?  Have  you  ever  been  present  at  any  conversation 
between  Captain  Borries  and  the  accused  respecting  a  roan  horse,  which  the  accused  received 
from  Borries  ;  if  yes,  when  and  where?  And  please  state  what  Captain  Borries  said  respect- 
ing the  title  to  that  horse. — A.  I  know  Captain  B.)rries.  I  was  present  at  a  conversation 
between  these  parties  in  regard  to  the  roan  horse.  It  was  in  the  military  jail  in  this  city;  it 
might  have  been  twenty  or  twenty-five  days  ago ;  they  were  conversing  about  this  horse, 
the  accused  was  finding  fault  something  about  this  horse,  and  Borries  replied  to  him  it  was 
his  own  private  horse,  and  said  something  about  there  being  nothing  in  the  Army  Regula- 
tions why  he  could  not  sell  his  otvn  private  horse,  or  give  him  away.  Nothing  further  was 
said  upon  this  subject ;   if  there  was  it  was  pretty  near  repetition  of  same  things. 

Q.  Did  Captain  Borries  say  anything  about  six  mules,  in  tiie  sale  of  which  the  accused 
was  charged  with  some  complicity;  if  so,  what  did  Captain  Borries  say? — A.  They  were 
talking  about  eighteen  mules.  They  made  two  lots  of  them;  one  of  six  mules  and  one  of 
twelve  mules.  I  think  it  was  about  the  time  Captain  Borries  was  undergoing  examination.* 
The  accused  was  saying  something  to  him  about  the  mules;  J.Iajor  Perry  remarked  that  he 
had  nothing  to  do  with  the  six  mules ;  and  Captain  Borries  says,  yes,  he  gave  theai  to 
another  man  ;  that  the  accused  had  nothing  to  do  with  six  mules;  I  think  the  other  man  he 
called  Lieutenant  >Staples. 

Q.  Did  Captain  Borries  say  anything  about  his  having  told  Major  Perry,  at  the  time  he 
let  him  have  the  roan  horse,  that  it  was  a  private  horse ;  if  yes.  what  did  he  say  on  this 
subject? — A.  I  understood  from  their  conversation,  that  Major  Perry  had  turned  over  to 
Captain  Borries  a  government  horse,  and  took  his  receipt;  and  then  that  Captain  Borries 
had  given  him  the  roan  horse,  which  was  his  own  private  property.  Captain  Borries  spoke 
of  some  private  horses  of  his  which  he  had  brought  from  Missouri,  and  1  think  this  was  cue 
of  them. 

By  Judge  Advocate: 

Q.  State  what  fault  the  accused  was  finding  with  the  roan  horse. — A.  He  was  finding 
fault  with  Borries  for  getting  him  to  trouble  about  this  horse. 

Q.  How  did  this  conversation  hapjien  to  take  place,  and  who  began  it? — A.  I  do  not 
know ;  they  were  talking  about  it  nearly  every  day  ;  I  heard  tliem  many  times. 

Q.  Did  not  the  accused  ask  questions  of  Captain  Borries ;  ask  him  if  the  horse  was  not 
so  and  so;   and  if  he  did  not  tell  him  so  and  so  ? — A.  Yes,  sir. 

Q.  Did  not  Major  Perry  ask  Captain  Borries  if  he  had  not  given  him  the  roan  horse  as  a 
present? — A.  I  understood  from  their  conversation  that  the  government  horse  that  Major 
Perry  had  turned  over  to  Captain  Borries  was  a  valuable  horse ;  and  that,  in  consideration 
of  this  government  liorse  having  been  transferred  to  him,  he  had  given  him  the  roan  horse. 
The  words  "present"  and  "conversation"  were  not  used. 

Q.  Did  tlie  accused  ever  ask  you  ani  others  to  remember  these  statements  and  admissions 
of  Captain  JJorries  in  regard  to  these,  that  you  might  be  called  upon  to  testify  in  regard  to 
tliem  some  time,  or  words  to  tiiat  effect? — A.  I  tliink  he  did;  and  that  wo  might  bo  called 
U])on.  There  was  another  geutleman  present  also  at  one  of  these  conversations,  and  ho 
said  the  same  things  to  him.  It  was  oitlicr  immediately  fifter  the  conversation  took  jjlace,  or 
the  nf'xt  day.  I  think  it  was  immediately  after  the  conversation  took  place.  He  also  told 
C«vanae  to  do  tJie  same. 

Q.  Did  eiilier  of  them  say  anything  about  the  six  mules — as  to  what  become  of  them? — 
A.  Tliey  did  not  know  what  had  become  of  the  six  mules.  Major  Perry  sajs  to  liim : 
"Damn  it  all,  I  never  had  aiiytliing  to  do  with  those  six  mules  ;  "  and  the  captain  replied  : 
"No;   I  turned  tli(-,m  over  to  .'inothcr  man." 

Q.  liow  came  you  in  the  military  prison  and  on  what  charges? — A.  I  was  in  there  as  a 
prison(;r  at  tlic  time  by  collnsion  of  two  men,  who  stated  that  1  liad  been  engaged  in  con- 
traband trade  witii  the  rebels.     I  was  roleas(!d  on  examination  before  the  jjrovost  marshal. 

The  court  and  parties  liaving  no  fiirllier  (juestions  to  ask,  the  witness  was  dismissed. 

Wli.i.iAM  Ho.MMi,  citizen,  witness  for  defense,  sworn  and  examined. 

By  Accmjskd: 

Question.  What  is  your  name,  ago,  and  occupation?  Were  yoti  on  duly  in  NovcMd)or 
and  ])cceinber  last  willi  Lieutenant  Henderson,  at  liio  Alabama  Press;  if  so,  did  you  have 
anything  to  do  with  forage  ? — Answer.  William  Homer.  1  am  fifteen  3'cars  of  age.  I  am 
V  messenger  hoy  for  Cajitain  Perkins,  assistant  (piartermaster.  I  was  clerk  for  Lieutenant 
Henderson  and  Lieutenant  Iloherts,  at  Alabama  Press.  I  drew  forage  for  them  for  ouo 
month — lor  November. 


DAVIS    HATCH.  243 

Q.  Do  you  know  Major  Perry,  and  liow  long'?  Where  was  the  forap^e  for  Major  Per- 
ry's horses  broutjht  from,  and  how  was  it  kept? — A.  I  know  him;  have  kmiwn  him 
about  four  months.  Tlie  forage  for  Major  Perry  was  brought  from  a  press  up  l)y  Bull's 
Head,  on  Tchoupitoulas  street.  It  was  kept  in  the  jjress  in  the  same  room,  but  in  a  differ- 
ent pile  from  the  rest.     Tlie  forage  for  the  other  horses  was  drawn  from  the  same  phico. 

Q  Do  you  know  of  Major  Perry  taking  from  the  Alabama  Press  any  forage;  if  yes,  was 
it  taken  from  his  pile  or  from  the  public  pile  ? — A.  There  was  only  a  bale  and  a  half  of  his 
forage,  and  I  gave  two  full  bales  of  hay,  and  he  left  his  half  bale  there.  The  oats  and  corn 
all  went  out  of  his  pile. 

Q.  Willi  what  understanding  was  this  half  bale  taken  from  the  public  pile? — A.  He  said 
that  he  would  retvuu  it  from  his  private  forage.     He  never  returned  it  that  I  know  of. 

By  the  Judoe  Advoc.ite  : 

Q.  Where  did  he  take  this  private  forage? — A.  I  do  not  know 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

First  Lieutenant  A.  J.  BUBY,  First  Louisiana  cavalry,  a  witness  for  defense,  swdVn  and 
examined. 

By  Accused : 

Question.  What  is  your  name,  rge,  and  rank?  Where  were  you  on  duty  in  November 
and  December  last,  and  on  what  duty  now? — Answer.  A.  J.  Buby;  I  am  first  lieutenant 
First  Louisiana  cavalry;  I  was  on  duty  at  the  depot  of  general  recruiting  service,  Depart- 
ment of  the  Gulf;  I  am  now  commanding  the  same  depot. 

Q.  Do  you  know  of  twelve  mules  that  came  to  the  Alabama  Press,  with  two  wagons  and 
harness,  about  December  1?  If  yes,  what  use  was  made  of  them  when  they  came,  and 
what  became  of  them  when  Major  Perry  was  arrested? — A.  I  know  that  some  mules,  two 
wagons,  and  two  six-mule  teams,  came  to  the  press  the  latter  end  of  November  or  first  of 
December.  I  do  not  remember  the  exact  time.  The  day  they  came  they  went  out  of  the 
press  to  haul  sawdust  for  use  of  the  stables.  When  the  accused  was  arrested,  some  few  days 
afterward,  I  reported  the  case  to  Colonel  Sturgeon,  or  at  his  office,  and  under  instruction 
they  were  turned  over  to  our  acting  post  quartermaster,  who  turned  them  in  to  Captain  Chit- 
tenden— all  of  them.     This  was  about  the  J5th  of  December  last. 

Q.  What  do  you  know  of  the  necessity  of  sawdust  for  the  use  of  the  Alabama  Press  about 
the  first  of  December  last?  If  anything,  state. — A.  I  presume  sawdust  was  necessary,  or 
very  useful,  both  for  cleanliness  and  for  horses'  feet.  I  do  not  know  that  any  sawdust  had 
been  used  there  previous  to  this. 

Q.  Do  you  know  of  Lieutenant  Henderson  being  taken  to  task  about  that  time,  or  shortly 
previous,  for  neglect  of  duty  in  keeping  the  premises  clean?  If  yes,  by  whom? — A.  One 
time,  either  in  October  or  November,  some  time  previous  to  that,  the  cook-house  and  dining- 
hall  had  been  placed  under  charge  of  Lieutenant  Henderson,  as  quartermaster,  and  Major 
Perry  sent  for  him  one  morning,  and  took  him  to  task  on  account  of  the  dining-hall  not 
being  properly  policed,  and  the  kitchen,  and  told  him  he  would  put  him  under  arrest  if  he 
did  not  attend  to  his  duty  in  that  respect,  or  this  in  substance.  This  was  while  we  were 
inspecting  the  press  one  morning. 

Q.  Do  you  know  if  Major  Perry  was  busy  on  the  day  the  sawdust  was  drawn?     If  so 
what  was  he  doing? — A.  I  am  under  tlie  impression  it  was  mustering — I  am  not  positive — 
it  seems  to  me  it  was  mustering  day. 

Q.  Do  you  know  of  orders  being  given  at  the  Alabama  Press  to  exclude  from  the  press  all 
policemen  and  detectives ;  if  yes,  why  were  those  orders  given,  and  by  whose  direction  ? — 
A.  I  recollect  hearing  the  accused  say  that  he  had,  or  was  going  to  give,  orders  to  that  effect. 
One  time  it  was  on  account  of  a  drummer  who  belonged  to  the  One  hundred  and  sixty-fifth 
New  York,  having  been  taken  out  by  a  policeman,  simply  on  his  own  showing,  and  without 
any  authority  from  the  sitperintendeut  of  recruiting  service.  I  know  that  the  accused  spoke 
something  about  giving  such  orders  on  receiving  a  communication  in  regard  to  this  matter 
from  the  superintendent  of  recruiting  service.  I  do  not  know  by  whose  direction  those 
orders  were  given. 

Q.  Do  you  know  of  Lieutenant  Gibson  being  arrested  ?  If  yes,  why  was  he  arrested,  and 
when,  and  by  whose  order  1 — A.  He  was  arrested  for  turning  over  this  boy  of  the  One  hun- 
dred and  sixty-fifth  New  York  to  the  policeman  or  detective  who  came  after  him.  He  was 
placed  in  arrest  by  the  accused,  in  accordance  with  the  written  instructions  of  Captain 
Sturgeon. 

Q.  Look  at  the  communication  of  Captain  Sturgeon,  of  December  2,  and  say  if  the  sig- 
nature is  that  of  Captain  Sturgeon. — A.  Yes,  sir,  it  is;  I  know  his  signature;  I  have  seen 
him  write. 

Q.  Do  yoir  know  of  six  mules,  said  to  have  been  delivered  by  Captain  Borries  to  a  Mr. 
Staples;  if  you  say  you  do,  do  you  know  of  their  ever  coming  into  the  Alabama  Press? — 
A.  I  know  nothing  about  them  at  all. 


244  DAVIS   HATCH. 

By  Judge  Advocate  : 

Q.  Was  any  other  use  ever  made  of  tliose  twelve  mules  except  to  hard  sawdust  that  day  ?  — 
A.  Not  that  I  kuow  of. 

Q.  Did  the  accused  ever  say  anything  to  you  why  those  mules  were  there,  and  what  he 
intended  to  do  with  tlu-in  ? — A.  He  told  me  at  first  they  were  brought  there  to  haul  saw- 
dust ;  afterward  he  told  me  there  was  some  trouble  between  the  officers  of  the  company  that 
they  belonged  to,  and  that  they  would  remain  in  the  press  till  that  ditiiculty  was  arranged. 
I  never  heard  him  say  anything  about  their  being  turned  over  to  him,  or  -were  going  to  be. 

Q.  Did  your  duty  at  the  press  lead  you  much  about  the  stables,  so  as  to  know  their  con- 
dition in  regard  to  sav.'dust? — A.  I  was  there  every  day  almost. 

Q.  Were  orders  in  regard  to  policemen  and  detectives  ever  given  at  that  press  but  once? — 
A.  I  do  not  remember  any  conversation  in  regard  to  such  orders  but  once,  tbough  tliey  may 
have  been  spoken  of  at  other  times.  This  occurred  about  the  time  that  the  commuuicatioa 
was  received. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

The  accused  then  oflered  in  evidence  the  communication  referred  to  above,  dated  Decem- 
ber 2,  Jfc64,  in  the  words  and  figures  following : 

"  SUPERINTENDENT'.S   OFFICE  VOLUNTEER    EeCRUITINO   SERVICE, 

"State  of  Louisiana,  and  Department  of  the  Gulf, 

"  A>io  Orleans,  December  2,  1864. 
"JIajor:  The  morning  report  of  the  1st  instant  from  the  department  under  your  com- 
mand shows  a  loss  of  one  man  by  'delivery  to  civil  autliority.'  If  tliis  person  (who  was  a 
deserter)  was  delivered  by  your  order,  you  will  at  once  make  a  report  showing  by  what 
authority  such  action  was  taken.  If  any  executive  officer  of  the  '  post,'  acting  witliout  your 
instructions,  has  been  guilty  of  this  breach  of  orders,  you  will  at  once  place  him  in  arrest, 
and  report  the  facts  to  this  office.     Immediate  action  is  desired. 

"I  remain,  major,  very  respectfully,  your  obedient  servant, 

"SHELDON  STURGEON, 
"  Captain  First  Infantry  U.  S.  A.,  SupH  Vet.  Eec'Vg  Service, 
"Major  R.  H  Perry, 

"  Commanding  Gen'l  Dep^t  licc^Cg  Service." 

Which  was  received  in  evidence  by  the  court. 

The  accused  also  ofiered  in  evidence  the  receipt  dated  November  25,  18(54,  jiroved  in  the 
testimony  of  Captain  liorries,  written  in  pencil,  and  in  the  words  and  figures  following: 

"New  Orleans,  November  2'y,  1864. 
"  Received  of  Major  R.  H.  Perry,  one  sorrel  horse,  branded  U.  S.,  (a  government  horse,) 
for  which  I  will  give  him  proper  receipts  when  I  obtain  the  blank  forms  for  that  junpose. 

"11.  BOinUKS. 
''Cup.  A,  2  lU.Lt.Art'ij." 
Which  was  received  in  evidence  by  the  court. 

Private  C.  A.  Watron,  Third  Rhode  Island  cavalry,  witness  for  defense,  sworn  and  ex- 
amined 

By  Accused : 

Question.  Wiuit  is  ynur  name,  age,  and  rank ;  on  what  duty  were  you  in  November  and 
December  last,  and  on  what  dulj*  now;  ilo  you  liuow  Majnr  I'lrry.  and  liow  long  have  you 
known  him  ? — Answer.  Christopher  A.  Watron  ;  I  am  twenty  years  of  age  ;  I  am  private, 
Company  A,  Third  Rliode  Island  cavalry;  I  was  clerk  at  the  Alabama  Press ;  I  am  still 
there  as  clerk  ;  I  know  the  accused;  I  have  known  him  since  tlie  24tli  of  October  last. 

Q,  Do  you  remember  twelve  mules  brouglit  into  the  Alabama  Press  about  December  1, 
with  wagons  and  harness?  If  yes,  did  you  go  to  see  Ca])ti!in  Ikirries  in  regard  to  getting 
them?  For  what  jiurpose  were  they  got,  and  how  were  they  used;  and  what  became  of 
tliem  when  Major  1  erry  was  arrested  7 — A.  I  remember  the  twelve  nuiles  referreil  to;  1  car- 
ried two  letters  to  him  from  the  accused;  I  do  not  know  what  the  letters  wi'rt^  alioni  ;  I  do 
not  know  wliether  I  went  to  see  about  tlie  mules  or  not;  Captain  liorries  was  not  there  either 
time.  At  the  time  tlio  accused  gave  me  tlie  letters  he  told  me  to  give  them  Ut  Cajitain  lior- 
ries in  person  ;  they  were  both  sealed.  The  accused  at  the  same  time  told  me  lie  was  going 
to  gel  some  mules  to  haul  sawdust  with.  The  mules  were  only  used  once,  and  then  they 
went  and  got  sawdust.  After  tlm  accused  was  arrested  tliey  remained  there  a  week  or  so, 
and  wen-  then  turned  over  to  Cajitain  Chittenden. 

(.}.  \)u  you  know  any  reason  why  Major  J'erry  still  kept  the  twelve  mules  after  tho 
hauling  (>f  the  sawdust  was  completed  7  Jf  yes,  state  if. — A.  I  h<'ard  him  say  there  was 
some  trouble  about  them,  and  he  was  going  to  keep  tliem  till  it  was  settled  ;  tliis  was  two 
or  three  days  after  liauling  the  sawdust. 


DAVIS    HATCH.  245 

By  JuoGE  Advocatk: 
Q.  In  case  you  did  not  find  Captain  Borries  to  jr'ive  the  letters  to  him,  what  did  the  ac- 
cused tell  you  to  do  with  them  ?— A.  He  did   not  tell  me  tiie  first  time,  so  I  left  it  with  the 
second  iienteuaut;  the  last  time  he  told  nio  to  bring  it  back,  and  I  did  so,  and  I  gave  it  to 
the  accused.     He  said  nothing. 

By  Accused  : 

Q.  Do  you  remember  when  detective  1  itzpatrick  came  up  to  the  press?  If  yes,  did  he 
visit  the  stables,  and  were  the  twelve  mules  then  there,  and  iu  what  part  of  the  press  ' — A. 
I  remember  his  coming  there  ;  he  visited  the  stables.  I  think  the  twelve  mules  were  there 
tlieu  ;  it  was  the  same  day  the}'  went  after  the  sawdust.  The  mules  were,  I  think,  at  the 
time  tinder  the  shed,  all  liarncssed  up  and  ready  to  go  after  the  sawdust. 

Q.  What  was  Major  Perry  doing  tliat  day,  and  was  he  or  not  busy  ? — A.  He  was  there  to 
sign  the  rolls  to  muster;  he  was  busy  till  about  10  o'clock.  They  started  after  the  saw- 
dust about  12  o'clock.  Staples  was  with  the  team.  The  teams  were  gone  about  an  hour 
and  a  half  after  the  dust. 

Q.  What,- if  anything,  did  Major  Perry  say  to  Fitzpatrick  in  your  hearing? — A.  Only 
that  he  would  show  him  about  the  stal)les  and  about  the  yard  when  they  got  through.  He 
was  giiiiig  down  town,  and  olfered  to  take  him  down  with  him.  He  did  not  accept  the  offer  ; 
I  did  not  hear  iiim  give  any  reason  for  not  doing  it.  This  was  the  last  part  of  their  conver- 
sation.    Tliey  had  been  talking  one  side,  and  I  did  not  hear  what  was  said  till  this. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

Private  Thomas  Tracy,  First  Louisiana  cavalry,  a  witness  for  defense,  sworn  and  ex- 
amined. 

By  Accused  : 

Question.  What  is  your  name,  age,  and  rank  ?  Where  were  you  on  duty  in  November 
and  December  last,  and  where  now  .'  What  was  your  duty  in  November  last  ? — Answer. 
Thomas  Tracy.  I  am  private  First  Louisiana  cavalry.  I  was  iu  the  Alabama  Press.  I 
am  still  there.  I  was  tending  the  stalls  in  November  last.  I  know  the  accused;  have 
knowu  him  two  or  three  mouths  since  he  was  commauding  the  press. 

Q.  Do  you  know  Mr.  Staples  and  Captain  Borries  ?  Did  you,  about  2r)th  November  last, 
hear  any  conversation  between  Staples  and  Borries  respecting  mules  ?  If  yes,  state  partic- 
ularly what  was  said  and  the  order  of  the  conversation. — A.  I  know  both  Mr.  Staples  and 
Captain  Borries.  On  about  tliat  time  I  did  hear  conversation  between  them  respecting 
mules.  What  I  heard — I  was  sitting  on  the  feed-box,  and  Mr.  .'staples  said,  "  Well,  captain, 
how  is  it  about  the  mules?"  The  captain  replied,  "Just  as  I  said.''  Mr.  Staples  rode 
away  sayiug,  "  All  right."  Mr.  Staples  spoke  about  the  six  mules.  Mr.  Staples  said  as  he 
was  going  away  not  to  let  Major  Perry  know  anything  about  it.  I  did  not  hear  the  captain 
make  any  reply  to  this.  I  believe  he  shook  his  head,  or  something.  I  do  not  know  what 
he  meant  by  it. 

Q.  Was  anything  said  between  Staples  and  Captain  Borries  at  this  time  as  to  any  sum  of 
money  which  Borries  was  to  receive  from  Staples  for  these  six  mules  ? — A.  When  I  heard 
Staples  ask  the  captain,  "  How  is  it  about  the  mules?"  and  Borries  replied,  "  Just  as  I 
said  ;"  then  Staples  got  on  his  horse  and  rode  oft,  and  said,  "  All  right."  I  did  not  hear 
anything  said  about  any  money.  , 

Q.  Do  you  remember  anything  about  the  twelve  mules  that  came  into  the  Alabama  Press 
about  1st  December  ?  If  so,  were  they  there  when  detective  Fitzpatrick  came  up  to  the 
press? — A.  I  remember  about  the  twelve  mules.  They  were  there  at  the  time,  under  the 
shed  by  the  sutler's  store. 

Q.  Did  you  hear  Major  Perry  say  any  tiling  to  Fitzpatrick  about  where  a  roan  horse  was  ? 
If  yes,  where  did  Major  Perry  tell  him  the  roan  horse  was  ? — A.  He  told  him  it  was  down 
at  Rogers's  stables,  sir.  I  was  hitching  up  the  horse  at  the  stables,  and  the  accuseil  told 
Fitzpatrick  that  he  could  ride  down  with  him  either  to  the  provost  marshal's  or  to  liogers's 
stables. 

Q.  How  long  did  Fitzpatriclc  stay  after  Major  Perry  went  away,  and  what  did  he  do  ? 
Did  you  call  his  attention  to  the  twelve  mules  ? — A.  He  staid  ten  or  fifteen  minutes  after. 
He  came  to  me,  brought  me  over  to  one  of  the  stalls,  and  began  to  talk  to  me  about  the 
horses  in  the  stable.  Here  he  asked  me  if  I  knew  who  he  was.  I  told  him  no  ;  and  he 
told  me  be  was  a  special  detective,  and  wanted  to  know  if  I  could  swear,  in  case  he  took 
me  a  prisoner  out  of  the  press,  to  what  I  had  just  told  him.  I  told  him  I  could.  I  told 
him  where  the  twelve  uuiles  were. 

Q.  Do  you  remember  being  short  of  forage  iu  the  latter  part  of  November  ?  If  yes, 
how  was  the  deficiency  supplied  ? — A.  Yes,  sir;  we  were  short.  'A  fellow  came  in  with  a 
bale  and  a  half  of  hay  and  five  or  six  bags  of  oats,  and  said  the  major  sent  him.  I  do  not 
know  who  the  man  was.  I  think  he  was  a  citizen.  He  had  citizen's  clothes  on.  It  looked 
like  one  of  these  city  carts.     I  do  not  know  that  the  forage  came  from  the  major. 

The  counsel  for  accused  here  stated  that  he  would  necessarily  be  busy  before  another  court 


246  DAVIS   HATCH. 

to-morrow  ;  tliat  if  the  court  would  adjonrn  over  till  Saturday  he  would  endeavor  to  take  the 
rest  of  the  testimouy  for  accused  aud  .vubuiit  his  written  defense  thai  day  ;  that  he  would  do 
this  if  he  did  not  apply  to  the  court  for  still  further  time  in  order  to  take  the  deposition  of  one 
Staples. 

The  court,  therefore,  at  3  o'clock  p.  m.,  adjourned,  to  meet  again  at  10  o'clock  a.  m.  on 
Saturday,  the  "2 1st  instant. 

New  Orleans,  Louisiana, 
January  21,  ISOo — 10  o'clock  a.  m. 
The  court  met  pursuant  to  adjournmeut  aud  above  orders.     Present,  the  same  members 
as  on  Thursday,  the  19th  instant,  the  judge  advocate,  aud  accused  and  his  counsel. 
Examination  of  Private  Thomas  Tracy,  First  Louisiana  cavalry,  resumed. 

By  Accused  : 

Q.  Do  you  remeiiiber  the  sorrel  horse  which  accused  transferred  to  Captain  Borries  about 
November  25  ;  if  yes,  what  can  you  say  of  its  value  as  compared  with  the  roan  horse  which 
Major  Perry  received  from  Captain  Borries? — A.  lam  no  great  judge  of  the  value  of  a 
horse.  I  think  it  was  a  better  horse  thau  the  one  it  was  traded  for.  I  think  the  roan  horse 
was  the  better  horse  of  the  two. 

Q.  Do  you  know  if  the  sorrel  horse  was  a  blooded  horse  ? — A.  I  do  not  kuow  whether  he 
was  blooded  or  not. 

By  Judge  Advocate : 

Q.  Did  you  ever  hear  more  than  one  conversation  between  Staples  and  Captain  Borries  ? 
If  not,  how  long  was  this  before  the  accused  was  arrested? — A.  I  never  heard  but  the  one. 
This  was  four  or  five  or  six  days  before  the  accused  was  arrested.  It  occurred  in  the  stables 
at  the  Alabama  Press.  Staples  was  getting  his  horse  out.  The  captain  was  standing  talk- 
ing. I  do  not  know  what  he  was  tliere  for.  I  saw  them  coming  into  the  stable  together. 
Staples  says,  "Captain,  how  is  it  about  tlie  nuiles  ?  "  The  captain  replied,  "Just  as  I 
said."  Staples  said,  "All  right."  Tliis  is  all  the  conversation  I  heard  between  them  in 
regard  to  the  nuiles.  1  am  sure  he  said  something  about  mules  ;  I  an  not  sure  he  said  any- 
thing about  six  mules.  I  do  not  know  why  it  came  into  our  heads  tliat  the  mules  were 
coming  to  the  press,  but  we  thought  so.  George,  the  colored  man,  was  also  present  at  this 
conversation. 

Q.  Where  was  it  that  you  heard  the  conversation  between  the  accused  and  the  detective, 
Fitzpatrick  ? — A.  1  lieard  them  as  they  came  in  the  stable  at  the  Alabama  Press.  Tlic  detect- 
ive asked  me  where  the  roan  horse  was.  I  told  him  1  tiiought  it  went  down  to  the  doctor's  — 
down  at  Eogers's  stable.  I  heard  Major  Perry  tell  detective  that  the  horse  was  down  at  Mr. 
Kogers's  stable. 

Q.  Do  you  not  know  that  the  horse  was  never  at  Mr.  Rogers's  stable,  and  that  Mr. 
Rogers  does  not  keep  a  stable  for  sick  horses? — A.  No,  sir;  I  do  not.  This  was  a  few  days 
belbre  the  accused  was  arrested.  I  did  not  hear  anytiiing  said  about  the  horse  being  in  Siner's 
stables.  I  am  sure  that  I  heard  Staples  say  that  we  must  not  let  the  major  know  anything 
about  the  muies. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

^  Captain  O.  P.  GooDiXG,  Tenth  United  States  Infantry,  a  witness  for  defense,  sworn> 
and  examined. 

By  Accused: 

Question.  Please  stale  your  name,  age,  what  was  your  rank  aud  command  during  the  Red 
River  cHuipaipn.  Do  you  know  the  accused,  and  lidwloug? — Answei'.  Captain  Oliver  P. 
Goiiding,  'i'enlli  United  States  Infantry.  I  was  coloin'l  of  the  Thirty-first  Massacluisetts 
volunteers,  and  in  commaii(l  of  the  I'iflli  cavalry  biigude  during  the  Ixed  Iviver  campaign. 
I  know  the  accused  ;  liave  known  liim  since  the  latter  part  oi'  Februar}'  and  first  of  last 
Marcli. 

(^.  What  position  did  tlu;  accused  have  on  yoiu'  staff  during  that  campaign  ;  aud  what 
can  you  say  in  regard  to  liis  conduct  us  an  otTirer  in  the  fii'ld  ? — A.  He  was  acting  aide-de- 
camp.  I  can  say  that  as  an  oflicer  in  the  field  his  cdiiduct  is  tliat  of  an  i-xcelleiit  officer, 
lli^  exhibilid  on  several  occasions  a  great  deal  of  gallantry,  and  also  a  great  deal  of  |)rudonce 
and  sagacity  as  an  oflicer.  Whenever  I  had  occasicn  to  ser.d  any  officer  on  special  duty  I 
ftsnally  selected  Major  Perry.  If  at  any  tiiiu^  I  felt  doubtful  tliat  my  orders  would  he  carried 
out  by  my  subordinate's,  I  usually  sent  Major  Perry  along  to  see  tliat  they  were  carried  out. 
I  saw  Mjijor  P(Mry  during  the  caiiiiiaign  in  every  circumstance  calculated  to  try  an  oflicer  or  his 
aliility.  i  never  founil  jiim  wimting.  Major  Perry  was  ridieved  from  duty  on  my  staff,  and 
was  placed  on  the  staff  of  (Jeneial  Ariiohl,  division  commander,  on  account  of  iiis  reputa- 
tion as  an  officer  in  the  field,  and  against  my  earnest  protest. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 


DAVIS   HATCH.  247 

Patrick  McGwin,  witness  for  the  defense,  sworn  and  examined. 

By  Accused :  • 

Qupstion.  What  is  your  name,  an'e,  and  hnsiness?  —  Answer,  ratrick  McGwin  ;  I  will  be 
fifty-seven  yeans  old  come  another  montli ;  I  am  h  blacksmith  ;  I  know  the  accused  by  sight; 
I  have  known  him  by  sipht  about  eif^liteen  months  ;   1  no  not  know  his  name. 

Q.  In  November  last  did  you  have  a  shop  near  the  Alabama  Press  /  If  yes,  describe  its 
location.  What  do  you  know  of  Major  Perry  hiring  the  rear  of  your  shop,  and  for  what 
purpose;  what  did  he  say,  if  anything,  to  you  on  the  subject  ? — A.  I  did  have  a  shop  iipar 
the  Alabama  Press.  It  was  on  Iveliginus  street,  between  Orange  and  Ricliard  streets.  The 
accused  came  to  me  one  time  and  told  me  he  had  some  wood  to  put  in  the  back  part,  and 
other  little  luggage  to  put  in  the  liack  part.  I  told  him  he  could  have  it.  He  askedme 
what  I  would  charge  him.  I  told  him,  as  the  shop  was  doing  nothing,  he  could  have  it  just 
for  what  he  had  a  mind  to  pay  me. 

Q.  Did  Major  Perry  store  anything  in  your  shop;  if  so,  what? — A.  I  believe  I  saw  some 
old  wood  there ;  nothing  else.  * 

Q.  Do  you  remember  any  forage,  hay,  or  corn  being  in  the  rear  of  your  shop ;  if  yes, 
where  did  that  come  from? — A.  I  did  see  a  little  taste  of  corn  and  hay  there  one  day,  but  I 
did  not  know  who  left  it. 

Q.  Why  were  yOu  not  oftener  at  your  shop? — A.  Before  hours  and  after  hours  I  some- 
times did  a  job  in  my  shop.     I  was  working  for  the  government  at  other  shops. 

By  Judge  Advocate ; 

Q.  State  when  it  was  that  the  accused  hired  your  shop.— A.  It  must  have  been  in  Xovem- 
ber  or  December;  government  occupies  my  shop  now  and  began  to  occupy  it  in  November 
or  December. 

Q.  Who  rented  it  for  the  government?— A.  It  was  not  the  accused ;  the  accused  had  had 
the  shop  three  or  four  weeks  before  the  government  began  to  occupy  it. 

Q.  Did  you  not  see  mules  there  frequently  when  it  was  occupied  by  the  accused  ? — A.  The 
way  it  was,  there  used  to  come  tliere  horses  and  mules  in  the  morning  for  me  to  shoe;  this 
was  all  that  ever  I  saw  there.  The  forage  that  was  there  was  only  a  little  lot  left  by  the 
men  who  brought  the  mules.  I  do  not  know  whether  the  accused  ever  brought  the  old  wood 
I  saw  there,  or  not ;  I  took  the  wood  myself  and  burned  it  all  up  at  the  house,  and  never 
paid  any  one  for  it. 

Q.  Did  not  you  one  morning,  as  you  were  going  to  your  work,  look  in  through  the  cracks 
of  the  door  and  see  three  mules  there,  and  when  tire  doors  were  all  clo.^ed  ;  and  were  there 
not  two  or  three  men  there,  and  did  mit  one  of  these  men  have  a  hot  iron  with  which  he  was 
burning  and  branding  the  mules?— I  saw  two  mules  there,  but  I  have  heard  where  they 
were  since.     I  never  saw  mules  being  branded  or  burned  there. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

George  Mitchell,  (colored,)  witness  for  defense,  sworn  and  examined. 

By  Accused : 

Question.  What  is  your  name,  age,  and  business;  what  were  you  doing  in  November 
last ;  do  you  know  Major  Perry  ? — Answer.  George  Mitchell ;  I  am  titty- three  years  of  age ; 
I  am  waiting  on  the  quartermaster  at  the  Alabama  Press  ;  I  was  working  for  the  accused  in 
November  last;  I  have  known  the  accused  since  the  iirst  of  October  last ;  I  was  taking  care 
of  the  horses  in  the  stable. 

Q.  Do  you  know  Mr.  Staples  and  Captain  Borries;  were  you  present  at  the  stable  of  the 
Alabama  Press  in  the  latter  part  of  November  last,  when  a  conversation  took  place  in  regard 
to  some  mules ;  if  so,  what  was  said  ? — A.  I  know  Mr.  Staples  ;  I  know  a  Captain  Borries, 
a  short,  thick-set  man;  only  a  few  words;  as  I  came  up  to  him  he  motioned  to  me  to  come 
up  to  him  Mr.  Staples  said,  "  V/ell,  Captain,  what  do  say  about  those  mules  .'"  The  other 
man  replied — a  Mr.  Btirris — "I  thought  that  you  can  have  the  six  uniies  at  the  price  I  told 

you."     Then  Mr.  Staples  started  to  speak  again  and  said.  "Well,  I "  an.l  then  stopped 

and  told  me  to  saddle  the  horse.  This  is  all  that  I  heard  ;  they  were  talking  when  I  went 
up,  and  I  left  them  talking. 

Q.  Did  Staples  or  Bnrris  (as  you  call  him)  say  anything  that  you  heard  in  regard  to  Major 
Perry  ;  if  yes,  what  ? — A.  Not  a  word. 

By  Judge  Advocate : 

Q.  How  long  was  this  before  the  accused  was  arrested?— A.  It  was  ten  days,  or  per- 
haps two  weeks,  before  the  detective  came  after  me.  I  do  not  know  when  the  accused  was 
arrested. 

Q.  Why  did  you  anticipate  that  those  mules  that  they  were  talking  about  were  going  to 
come  to  the  Alabama  Press  ? — A.  I  was  doing  business  for  Major  Perry  and  ^Ir.  Staples  ; 
I  was  waiting  upon  him,  too,  and  I  expected,  if  he  bought  the  mules  that  he  would  bring 
them  there  to  the  Alabama  Press.  I  know  they  were  not  brought  there.  I  do  not  know 
what  did  become  of  them.  I  had  nothing  to  do  in  taking  them  off.  Staples  told  me  one 
time  that  he  had  traded  them  off. 


248  DAVIS    HATCH. 

By  Accused : 

Q.  What  two  teams  do  you  mean  of  which  you  spoke  to  Mr.  Staples  ? — A.  There  were 
two  teams  of  mules  there  in  the  press  at  the  time  I  spoke  to  him  ;  this  was  some  two  weeks 
after  I  had  heard  the  first  conversation. 

Q.  Were  the  twelve  nuiles  there  when  the  detective  came  up  to  the  press,  and  did  he  Fee, 
them  ? — A.  At  the  time  he  took  me  he  did  not,  because  lie  did  not  come  in.  I  do  not  know 
that  the  mules  were  there  when  he  came  the  next  time. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

Charles  Caraxac,  citizen,  witness  for  defense,  sworn  and  examined. 

By  AccLSED : 

Question.  What  is  your  name,  agje,  occupation,  and  place  of  residence:  do  you  know  the 
accused,  and  how  long  have  yciu  known  him;  do  you  know  Captain  Borries  ;  weie  you 
present  at  a  conversation  between  Major  Perry  and  Captain  Borries  lately,  in  which  men- 
tion was  made  of  a  roan  horse  and  six  mules  ;  if  yes,  where  and  when  did  such  conversation 
take  place,  and  what  was  said? — Answer.  Charles  Caranac  ;  lam  twenty-seven  years  of 
age ;  I  live  at  No.  8  Eoman  street,  in  this  city.  I  know  the  accused  ;  I  have  known  him 
since  the  11th  of  December,  18(54.  I  know  Captain  Borries;  I  was  present  at  such  a  con- 
versation between  those  parties ;  this  conversation  took  place  about  four  weeks  ago,  in  the 
military  prison.  Talking  about  the  roan  horse,  Captain  Borries  stated  in  my  presence,  and 
in  presence  of  Major  Perry,  that  the  roan  horse  he  let  Major  Perry  have  was  his  own  private 
property,  and  told  Major  Perry  so  at  the  time  he  let  him  have  it ;  this  was  all  that  was  said 
about  the  roan  horse.  The  captain  also  said  that  he  let  Major  Perry  have  twelve  mules, 
and  thes-  accused  him  of  having  sixteen.  He  stated  that  a  num  by  the  name  of  Staples  got 
six  mules,  and  that  Major  Perry  had  nothing  to  do  with  them.  He  stated  the  same  thing  to 
me  several  times  since,  not  in  the  presence  of  Major  Perry.     This  is  all  about  the  mules. 

By  Judge  Advocate: 

Q.  State  whetlier  any  other  person  was  present  besides  those  you  named. — A.  A  gentle- 
man by  the  name  of  Mr.  Harris. 

Q.  State  whetlier  the  conversation  between  the  accused  and  Captain  Borries  was  not  con- 
ducted by  the  accused  askii;g  the  captain  cjuestions — if  the  roan  horse  was  not  so  and  so, 
and  if  he  did  not  say  so  and  so. — A.  It  was  ;  and  in  the  same  manner  with  reference  to  the 
mules. 

Q.  And  then  did  not  the  accused  ask  you  to  be  present  and  hear  those  words  of  Captain 
Borries;  and  after  you  heard  them,  did  he  nut  tell  you  that  you  might  be  called  ujjou  to 
testify  about  them? — A.  I  do  not  remember  that  he  asked  me  to  be  present,  though  he  may 
have  done  so  ;  but  he  immediately  after  wished  ine  to  remember  what  was  said. 

Q.  State  whether  y<ui  have  ever  talked  with  the  accused  since.  What  was  said  at  that 
time? — A.  I  think  never,  except  immediately  altervvard. 

Q.  Are  you  not  now  a  prisoner  in  the  military  jail  ? — A.  I  am. 

Q.  What  are  the  charges  against  you? — A.  Aiding  and  abetting  the  enemy.  My  trial  was 
just  completed  to-day. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

W.  W.  Howe,  Esq.,  counsel  for  accused,  Avitness  for  defense,  sworn  and  examined. 

By  JuDOE  Advocate  : 

Question.  Slate  yonr  name,  age,  present  occupation,  and  jdace  of  residence. — Answer. 
William  W.  Howe;  1  am  thiity-oiie  years  of  age;   I  am  a  lawyer;   1  live  in  New  Orleans. 

Q.  Plea.se  look  at  the  letters  now  shown  you,  dated  June  14  and  August  oO,  1K»4,  and 
say  if  you  knew  Biigadier  General  Pichard  Arnold,  and  if  yon  have  ever  seen  him 
write,  and  are  familiar  with  liis  handwriting.— xV.  I  have  known  Brigadier  (ieiieral 
Pichard  Arnold  for  njiward  of  one  year.  I  liave  seen  him  write,  and  am  familiar  witli 
}iis  handwriting,  and  the  letters  now  shown  me  are,  to  the  best  of  my  belief,  signed  by 
him.  1  also  have  kimwn  (ieneral  IJanks  for  upward  of  one  year.  1  liave  often  seen 
liim  write,  ami  iim  acquainted  with  his  handwriting,  and  that  the  signature  to  the  letter 
dated  August  I'l,  ]&'>\,  is  undoubtedly  his  signature;. 

The  court  and  p.Trties  liaving  im  further  (juestioii.s  to  ask,  the  witness  was  dismissed. 

The  defense  then  olfcM-ed  in  evid-'uce  the  letters  referred  to  in  testimony  of  last  witness; 
one  signed  bv  Brigadier  ("Jen(Mal  Arnold,  (hite(|  August  :{(!,  IH(;4;  one  was  signed  by  Major 
f;en<ral  Batiks,  and  dati^d  August  Ml,  )H(;4:  and  the  third  signed  by  Brigadier  General 
A.rnold,  and  dateil  Juiu-  14,   |H(I4  ;   all  us  evidence  of  good  character. 

The  judge  advocate  objected  to  tho  same  being  received  as  evidence,  for  the  reason  that 
the  fitatenu'nts  in  them  are  not  made  under  the  obligation  of  an  oath,  neither  are  they  in  any 
manner  oflicial  reports  or  documents,  but  simidy  piivato,  individual,  ex ;;«r<c  statements,  and 
lelerred  to  Beri^:t,  p.  ^80. 

The  accused  replies  that  these  letters  arc  a  "  public  approval  by  superior  officers"  of  the 


DAVIS    HATCH.  249 

conduct  of  tlie  accused  (luiinf^  a  most  severe  canipaigu  ;  tlioy  aro  official ;  the  presumption 
is  that  tliey  are  of  record  at  dopartinont  headquarters. 

The  court  was  then  clt-ared,  and  after  mature  d('liberation  tlie  doors  were  opened.  The 
accused  and  his  counsel  present.  The  decision  of  the  court  was  anmiunced  by  the  judge 
advocate  tliat  the  objection  be  sustained,  and  the  letters  bo  not  received. 

The  court  then,  at  3  o'clock  p.  m.,  adjourned  to  meet  again  at  10  o'clock  a.  m.  on  Mon- 
day, the  2'3d  instant. 

New  Oiu.eans,  La.,  Janunrij  23,  JSC5 — 10  o'clock  a.m. 
The  court  met  pursuant  to  adjournment  and  above  orders. 

Present :  The  same  members  as  on  Saturday,  the  21st  instant,  the  judge  advocate  and  tie 
accused  ;ind  his  counsel. 

F.  K.  LOOMIS,  citizen,  witness  for  defense,  sworn  and  examined. 
By  Accused : 

Question.  What  is  your  name,  age,  and  occupation ;  do  you  know  the  accused,  and  how 
long ;  do  you  know  Mr.  Staples,  who  ^vas  liero  hist  fall  ;  did  you  ever  hear  Mr.  Staples  say 
anything  of  buying  nuiles ;  if  so,  what  did  he  say,  and  under  what  circumstances  1 — Au- 
swer.  I  am  twenty-seven  years  of  age  ;  I  am  trading  in  stock;  I  know  the  accused  ;  have 
known  him  above  a  year  ;  1  know  Mr.  Staples. 

("The  judge  advocate  objects  to  the  remainder  of  this  question  as  inquiring  nto  declara- 
tions and  statements  which  are  no  part  of  the  res  geslcc,  but  an  after-statement  of  what  had 
occurred,  and  referred  to  Benet,  pages  289  et.  si'q.) 

The  accused  offers  to  show  by  the  testimony  of  the  witness  that  Staples  stated  to  the  wit- 
ness, in  or  about  tiie  month  of  N  )vember  last,  that  he  (Staples)  bad  been  buying  mules 
from  Captain  Borries,  and  had  niiide  considerable  mouey  thereby. 

The  court  was  then  cleared,  and  after  mature  deliberation  the  doors  were  opened,  the  ac- 
cused and  his  counsel  present.  The  decision  of  the  court  was  announced  by  the  judge 
advocate  that  the  olijection  be  sustained,  and  that  the  testimony  offered  be  uot  received. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

Dr.  JosEPM  Elliott,  citizen,  a  witness  for  defense,  sworn  and  examined. 
By  Accused : 

Question.  What  is  your  name,  age,  and  occupation ;  do  you  know  Major  Perry,  the  ac- 
cused ;  if  yes,  how  long;  do  you  know  a  sorrel  horse  in  possession  of  the  accnsad  in  Octo- 
ber or  November  last ;  if  so,  describe  him  and  his  value  ? — Answer.  Joseph  Elliott;  I  am 
forty-nine  years  old  ;  I  am  a  veterinary  surgeon  and  trader  in  horses  ;  I  know  the  accused  ; 
I  know  the  sorrel  horse  referred  to ;  he  was  a  sorrel  blooded  horse,  of  Le  Compte  blood ;  he 
was  fifteen  hands  to  fifteen  hands  and  an  inch  high;  about  five  or  six  years  old;  his  real 
value  before  he  was  branded  and  taken  here  I  believed  to  be  from  six  hundred  t^o  eight  hun- 
dred dollars ;  he  was  once  sold  for  six  hundred  dollars  ;  this  was  before  he  was  branded  ;  I 
know  all  about  the  horse.  This  horse  was  takeu  at  the  time  of  the  seizure  of  horses  last 
summer  and  branded,  and  was  used  as  a  government  horse  from  that  time  on  ;  at  first  by  an 
officer  on  General  Banks's  staff,  and  afterward  by  the  accused.  He  was  delivered  to  the 
accused  on  order  from  the  assistant  quartermaster. 

Q.  Do  you  remember  a  roan  horse  which  Major  Perry  had  in  his  possession  in  November 
last;  what  was  his  value  as  compared  with  the  sorrel  ? — A.  I  remember  the  roan  horse  re- 
ferred to;  he  was  w-orth  about  the  government  price — iJilGO  or  §170 — about  what  the  govern- 
ment gave  for  him. 

By  Judge  Advocate : 

Q.  Do  you  know  that  at  the  time  the  accused  parted  with  the  sorrel  horse,  the  horse 
was  very  much- reduced  iu  flesh,  and  had  been  severely  used,  and  was  either  perma- 
nently or  temporarily  injured  ' — -A.  The  horse  was  very  much  reduced  in  flesh.  The  ac- 
cused complained  to  me  of  him,  that  the  horse  was  of  no  account,  and  could  not  stand 
his  work;  was  of  no  account  for  him.  The  horse  was  out  of  fix  and  unwell  at  the  time  he 
parted  with  him. 

By  Accused  : 

Q.  Was  the  sorrel  horse  permanently  injured,  so  as  to  deprive  him  of  his  special  value  as 
a  blooded  colt,  when  Major  Perry  parted  with  him? — A.  I  think  not.  I  think  he  was  out 
of  fix,  but  would  come  all  right  again.     Blooded  horses  are  more  delicate  than  others. 

The  court  and  parties  having  no  further  questions  to  ask,  the  witness  was  dismissed. 

The  accused  then  offered  in  evidence  an  invoice  dated  October  10,  1S(34,  and  signed  by 
Captain  Chittenden,  in  the  words  and  figures  following: 


250  DAVIS    HATCH. 

"  List  of  quartermaster  stores,  tf-c,  transfi  rrcd  hy  Captain  C.  B.  Chittenden,  assistant  quarter- 
mastir  United  States  volunteers,  to  Raymond  H.  Perry,  Third  Rhode  Island  cavalry,  major, 
at  New  Orleans,  Louisiana,  October  lU,  18(34. 


Xumber  or  quality. 

Articles. 

Cost  when  new. 

Condition  when  de- 

Dollars. 

Cents. 

livered. 

1 

"  I  certify  that  I  have  this  ilay  transferred  to  Major  R.  H.  Perry,  Third  Rhode  Island  cav- 
alry, at  New  Orleans,  Louisiana,  the  article  specified  in  the  foiegfoinQ:  list. 

"C.  B.  CHITTENDEX, 
^^Cnptain,  Assistant  Quartermaster  United  Siatcs  Volunteers.^' 

Which  was  received  in  evidence  by  the  court. 

It  is  admitted  by  the  judge  advocate  that  the  twelve  mules  mentioned  in  the  charges  and 
specifications  were  at  the  Alabama  Press  at  the  time  of  the  arrest  of  accused,  and  were 
thereafter  turned  over  to  the  Quartermaster's  Department. 

The  accused  offered  no  further  testimony. 

The  accused  then  presented  his  written  address,  (appended  and  marked  "A,")  which  was 
read  by  his  counsel  in  his  defense. 

The  judge  advocate  submitted  the  case  to  the  court  without  remark. 

The  court  was  then  cleared  for  deliberation  and  the  judge  advocate  proceeded  to  read  to 
the  court  the  records  of  the  proceedings  in  this  case. 

The  court  then,  at  three  o'clock  p.  m.,  adjourned  to  meet  again  at  ten  o'clock  a.  m.,  to- 
morrow, the  •24th  instant. 

New  Orlk.'VNS,  La.,  January  24,  18G5 — 10  o'clock,  a.  m. 
The  court  met  pursuant  to  adjournment  and  above  orders. 

Present :  the  same  membi-rs  as  yesterday,  and  the  judge  advocate.  The  consideration  of 
the  case  of  Major  Raymond  II.  Perry,  Third  Rhode  Island  cavalry,  resumed 

The  court  was  again  cleared  for  deliberation,  uud,  having  maturely  considered  the  evi- 
dence adduced,  find  the  accused.  Major  Raymond  II.  Perry,  Third  Rhode  Island  cavalry,  as 
follows: 
Of  first  .specification,  first  charge,  "guilty." 

Of  .second  specification,  first  charge,  "guilty,"  except  the  words  "  sell  and." 
Of  third  specification,  first  charge,  "guilty,"  except  the  words  "sell  and." 
Of  first  charge,  "guilty." 
Of  specification,  second  charge,  "guilty." 
Of  secolid  Vharge,  "guilt3\" 

Of  specification,  third  charge,  "guilty,"  except  so  much  of  the  specification  as  charges 
an  intention  on  the  part  of  the  accused  to  wrongfully  sell  and  dispose  of  the  twelve  mules 
received  by  him  November  '.W,  1864. 
Of  third  charge,  "guilty." 

Tlie  court  dui-s  therefore  sentence  him,  Major  Raymond  II.  Perry.  Third  Rhode  Island  cav- 
alry, to  be  dishonorably  dismissed  the  service  of  the  United  States,  and  to  forfeit  to  the  gov- 
eruuieut  all  pay  and  allowances  now  due  him  or  to  become  due. 

W.  C.  HOLBROOK, 
Colonel  Seventh  Vermont  Veteran  Volunteers,  President  of  the  Court. 

O.  F.  AVEKY, 
Captain  Thirty-eighth  Iowa  Infantry,  and  Judge  Advocate  of  General  Court- Martial. 

L.  R.  849—05.]  IIe.\dquarters  Defenses  New  Orleans, 

February  !t,  1 805. 

Approved,  and  respectfully  forwarded  to  headquarters  Department  Gulf. 

T.  W.  SHERMAN, 
Brigadier  General  Commanding. 

nEAUQIARTERS  Dr.l'AR  T.Mr.NT  OT  Till',  Gui.F, 

Amc  Orleans,  July  JO,  18G5. 
The  proceedings,  findings,  and  sentence  in  the  foregoing  ca-ie  iwn  approved. 
Major  h'ayniond  H.  I'crry,  Tliiril  Piiode  Island  cavalry,  ceases  to  be  an  ollicer  in  the  ser- 
vice of  the  i,'nited  Slates  from  this  date. 

ED.  R.  S.  CANBY, 
Major  General,  Cununanding. 


DAVIS   HATCH  251 

A. 
UxiTEU  States  vs.  E.  H.  Perry. 

Address  of  the  accused. 

The  case  which  is  sought  to  be  established- against  me  may  be  tlivided  into  four  heads  : 

First.  In  tlie  matter  ot'  tlie  roan  horse.  At  tlie  request  of"  Captain  Boriies.  I  transferred 
to  him  a  blooded  sorrel  horse,  which  had  been  seized  by  the  pfovernment  in  New  Orleans, 
and  which  was  plainly  branded.  I  took  the  memorandum  receipt  for  him,  wiru-li  is  now  in 
evidence. 

This  sorrel  horse  was  of  great  value  and  speed,  as  shown  by  the  evidence  of  Dr.  Elliott, 

Some  days  after  this  transfer.  Captain  Borries  presented  to  me  the  roan  horse,  saying  that 
I  need  not  hesitate  to  accept  it,  as  it  was  his  own  private  horse,  which  he  had  a  right  to  sell 
or  give  away.  This  is  my  understanding  of  the  case,  and  it  is  fully  confirmed  l)y  the  tes- 
timony of  Harris  and  Cavanac  as  to  the  same  statements  being  made  by  Borries  before  this 
trial. 

I  gave  no  receipt  to  Borries  for  the  roan  horse,  not  even  a  pencil  memorandum. 

As  a  matter  of  law,  this  furnishes  a  fair  presumption  that  the  roan  horse  was  either  sold 
or  given  to  me  by  Borries,  and  that  there  was  between  us  no  such  exchange  of  government 
property  as  is  sought  to  be  established  by  the  prosecution. 

1  (lid  not  know  the  roan  horse  to  be  a  government  horse.  Captain  Borries  testifies  that 
lie  did  not  tell  me  it  was  a  government  horse.  Harris  and  Cavanac  testify  as  to  liis  admis- 
sion that  he  had  told  me  it  was  a  private  horse  at  the  time  he  gave  it  to  me. 

Whatever  I  did,  then,  was  done  in  ignorance,  and  cannot  be  considered  as  establishing  a 
crime  on  my  part. 

Second.  As  to  the  six  mules.  The  evidence  establishes  clearly  enough  a  sale  of  six  mules 
by  ]5(iri  i(  s  to  Staples,  but  it  fails  to  connect  me  with  the  act. 

And  here  I  beg  to  ask  the  attention  of  the  court  to  that  rrndoubtcd  presumption  of  inno- 
cence which  attaches  to  every  accused  person. 

The  detective  who  worked  up  this  case  was  obliged,  as  every  detective  is,  to  begin  by  a 
theory  that  I  was  guilty,  and  then  furnish  such  evidence  as  he  could  to  support  the  theory. 
This  is  the  manner  in  which  all  prosecutions  must  originate;  otherwise  a  criminal  trial  could 
never  begin. 

But  when  the  case  comes  before  the  court  the  mental  process  by  which  the  evidence  is  ex- 
amined is  exactly  the  reverse. 

The  court  begins  by  saying:  "Here  is  an  officer  who  furnishes  evidence  of  long  ser- 
vice and  of  good  conduct  in  the  field.  He  is  innocent,  so  far  as  we  know,  of  any  crime. 
He  is  accused  of  one  of  the  basest  crimes — of  knowingly  and  willfully  selling  government 
property  for  his  own  private  emolument.  Does  the  evidence  bear  down  and  destroy  this 
presumption  of  innocence.     Is  it  our  evident  duty  to  declare  this  officer  a  felon  ?" 

Now,  I  submit  that  from  this  standpoint  the  evidence  is  totally  insufticient.  The  same 
evidence  as  skillfully  used  might  have  been  employed  against  Corporal  Barnaby,  if  the  de- 
tective who  began  this  case  had  chosen  to  put  forward  a  theory  that  Barnaby  was  guilty  ; 
or  against  Lieutenant  Campbell,  who  was  present,  as  he  says,  when  Borries  delivered  the 
mules  to  Staples  ;  or  against  any  other  officer  or  soldier  in  the  neighborhood  who  was  ac- 
quainted with  Staples  and  Borries. 

The  judge  advocate  has  introduced,  under  my  objection,  much  circumstantial  evi- 
dence to  establish  the  conspiracy  alleged  in  the  charges.  He  has  done  so  on  the  theory 
that  such  evidence  is  relevant.  I  doubt  the  correctness  of  his  theory  as  to  much  of 
the  evidence.  I  think  the  conspiracy  should  be  proved  before  the  court  are  called  upon 
to  take  any  cognizance  of  the  declarations  of  Staples  or  Borries.  But  whether  I  am  right 
or  wrong  in  this,  one  thing  is  certain,  that  circumstantial  evidence,  though,  like  fire,  uselul, 
is  also  like  fire,  dangerous.  History  is  full  of  examples  in  which  innocent  men  have  lost 
their  lives  by  the  use  of  such  evidence  against  them.  Fiction  and  the  drama  have  depicted 
some  of  their  most  exciting  and  pathetic  scenes  with  innocence  struggling  in  the  net  of  cir- 
cumstance as  the  central  figure.  And  in  all  these  cases  you  will  find  a  sad  similarity,  a 
theory  that  tlie  accused  h  gitiliy,  and  then  an  array  of  circumstances  which  may  support,  or 
at  least  strengthen,  a  theory  of  guilt,  at  the  same  time  that  they  could  never  weigh  down  a 
presumption  of  innocence. 

The  fact  is  that  Mr.  Staples  has  been  an  acquaintance  of  mine  from  childhood.  He  came 
to  New  Orleans  last  fall  to  go  in  business;  but  finding  trade  much  restricted,  he  waited  here 
some  time  with  nothing  to  do.  He  passed  much  of  this  leisure  time  with  me,  visiting  at  my 
oflice,  riding,  and  driving  with  me.  When  I  was  very  busy,  and  he  was  very  idle,  I  did  not 
hesitate  to  ask  him  to  assist  me,  and  in  this  way  the  idea  may  have  obtained  credence  about 
the  press  tiiat  he  had  some  business  connection  with  me.  Nothing,  however,  could  be  fur- 
ther from  the  truth  than  this  idea.  The  testimony  of  Tracy  shows  clearly  that,  when  Staples 
and  Borries  were  bargaining  for  the  six  mules,  tlu-y  agreed  to  keep  the  matter  a  secret  from 
me,  while  Captain  Borries  testifies  directly  that  there  was  7io  agreement  or  conspiracy  in 
respect  to  those  six  mules  between  himself,  myself,  and  Staples. 

Third.  As  to  the  "Henderson  mule"  and  the  twelve  mules,  the  evidence  shows  nothing 


252  DAVIS    HATCH. 

but  that  in  the  former  instance  I  exchanged  a  skittish,  vicious  United  States  mule  for  a  lar;?er 
and  in  some  respects  better  United  States  mule.  Sach  exchanges  are  common  and  harmless. 
And  in  the  latter  instance  I  borrowed  two  teams  from  Captain  Borries,  who  had  a  great 
surplus,  to  draw  sawdust  for  the  depot  of  which  I  was  in  command.  Such  transactions  are 
common  and  useful,  and  I  am  at  a  loss  to  know  how  this  could  have  been  the  basis  of  a 
serious  charge. 

I  reiterate  my  assertion  of  innocence  of  all  the  charges,  and  ask  the  court  to  acquit  me. 

EAYMOND  H.  PERKY, 
Major  Third  Rhode  Island  Cavalry. 


EooMs  OF  General  Court-Martial, 

Ncio  Orleans,  La.,  January  25,  1365. 
Sir  :  At  request  of  accused,  I  have  consented  to  attach  to  this  record  copies  of  four  letters, 
marked  B,  C,  D,  and  E.  The  originals  of  the  first  three  were  offered  in  evi- 
dence, but  rejected  by  the  court;  the  fourth,  marked  E,  is  only  the  copy  of  a  copy,  the 
original  not  being  now  in  possession  of  accused.  These,  of  course,  are  no  part  of  the  records 
of  the  court,  and  were  not  before  it. 

Very  respectfully,  your  obedient  servant, 

O.  F.  AVERY, 
Captain  and  Judge  Advocate  of  General  Court-martial. 
Captain  Frederic  Speed, 

A.  A.  General,  Defenses  New  Orleans. 


B. 

Headquarters  Department  of  the  Gulf, 

New  Orleans,  August  31,  1864. 
Captain  :  I  take  pleasure  in  bearing  testimony  to  the  invariable  good  conduct,  both  in 
camp  and  field,  wliich  you  have  shown  since  you  have  been  in  mj^  command. 

I  have  always  found  you  prompt  and  energetic  in  the  discharge  of  whatever  duties  have 
been  assigned  you,  as  also  gentlemanly  and  courteous  in  your  personal  bearing. 
I  have  the  honor  to  be,  very  respectfully,  your  obedient  servant, 

N.  P.  BANKS, 
Major  General,  Commanding. 
Captain  Raymond  H.  Perry, 

Third  Rhode  Island  Cavalry. 

A  true  copy : 

O.  F.  AVERY, 
Captain  and  Judge  Advocate. 


Headquarters  C.walry  Division,  Department  of  the  Gulf, 

New  Orleans,  Louisiana,  June  14,  1864, 
Captain:  I  fiml  that  .there  is  not  enough  out-door  service  required  now  at  headquarters 
to  employ  much  of  your  time,  and  your  regiment  certainly  requires  yon. 

Let  me  thank  you  for  your  faithful  discharge  of  duty  in  inclosing  you  the  order  returning 
you  to  the  regiment. 
Respectfully, 

RICHARD  ARNOLD, 
Brigadier  General,  Chief  of  Cavalry. 
Captain  R.  II.  I'r.ituv, 

Third  Rliiidc  Island  Cavalry. 

A  true  coj>v : 

O.  F.  AVERY, 
Captain  and  Judge  Advocate. 


D. 


OnicE  Chief  of  Ainii.i.i'.KV, 
IIeadquauteks  Dei'artmknt  of  tiik  CJiilf, 

New  Orleans,  Augm.t  :$(),  1864. 


Sir:   iicpnrfcs  having  been  circulated  in  Rhode  Island,  hy  evil-dis|)0sed  persons,  with  a 
new  of  injuring  your  character  as  a  goutlemau  and  impairing  the  confidence  of  the  exccu- 


DAVIS    HATCH.  253 

tire  of  State,  it  aftords  me  pleasure  to  bear  testimony  to  your  invaluable  and  biphly 
creditable  service  durino-  the  Ked  ]{iver  cariipaip,n,  both  in  your  regiment  and  on  my  staff. 
I  ha-ve  also  niet  you  from  time  to  time  in  this  city,  and  I  have  yet  to  know  of  anything  to 
3'our  discredit  as  a  gentleman  and  oliicer. 

Very  respectfully,  your  most  obedient, 

RICHAKD  APtNOLD, 
Brigadier  General  U.  S.  I'ulunteers. 
Captain  Raymond  H.  Perry, 

Third  Rliodc  Island  Cavalry, 

A  true  copy 

O.  K.  AVERY, 
Captain  and  Judge  Adcocate. 


E. 

Camp  near  Yorktown,  Virginia, 

April  29,  ]863. 
Sir  :   I  have  the  honor  to  present  for  your  consideration  the  name  of  Raymond  H.  I'erry, 
tirst  lieutenant  in  the  Rhode  Island  artillery,  for  an  appointment  in  the  regular  army. 

Lieutenant  Perry  has  been  in  the  service  for  nearly  a  year,  the  last  four  months  under  my 
immediate  command,  and  I  can  cheerl'ully  bear  testimony  to  the  great  zeal  and  activity 
which  he  has  exhibited  in  the  discharge  of  his  duties.  I  would  add  that  his  age,  physique, 
and  good  habits  eminently  fit  him  for  the  position  he  asks. 

I  have  the  honor  to  be,  with  much  respect,  your  obedient  servant, 

JOHN  SEDGWICK, 
Brigadier  General  Volunteers,  Commanding  Division. 
Hon.  E.  M.  Stanton, 

Secretary  of  War,  Washington,  D.  C. 

A  true  copy : 

O.  F.  AVERY, 
Captain  and  Judge  Adcocate. 

Raymond  H.  Perry's  examination  resumed. 

By  Mr.  ScHURZ  : 
Question.  Have  j-ou  anything  to  say  in  regard  to  the  matters  brought  to  our  notice  with 
reference  to  you  by  Senator  Warner  .' — Answer.  General  Burnside  aild  General  McClellan 
knew  all  about  the  last  matter,  and  General  John  Sedgwick  and  some  of  the  others  have 
letters  now  on  file  in  the  War  Department  recommending  me  for  a  position  iu  the  regular 
army.  I  shot  a  man — Lieutenant  Kelley,  of  the  Sixty-ninth  New  York  infantry.  He  made 
an  attenjpt  to  draw  a  pistol  on  me,  and  called  me  a  bad  name.  I  drew  m}'  pistol  on  him 
and  shot  him. 

By  Mr.  Warner  : 

Q.  Did  you  kill  him  ? — A,  He  died.  I  was  tried  for  it  at  Harper's  Ferry,  by  General 
Howard,  General  Gorman,  and  General  Kemble,  and  I  was  honorably  acquitted.  As  to 'the 
other  matter,  I  sla]>ped  the  face  of  the  captain  of  the  battery  who  made  that  strong  indorse- 
ment for  my  discharge,  and  that  is  the  reason  he  wanted  me  discharoed.  General  John 
S(?dgwick,  General  Burnside,  and  all  of  them  begged  me  not  to  resign,  and  I  have  Burn- 
side's  letters  now  giving  my  history  in  the  army. 

By  Mr.  Ho\vard  : 

Q.  Who  was  the  captain  whose  face  you  slapped? — A.  Captain  Hazzard,  of  the  Rhode 
Island  battery. 
Q.  Was  he  your  superior  officer  ? — A.  Yes,  sir. 

By  Mr.  ScHURZ  : 
Q.  Y''ou  say  that  General  Sedgwick  recommended  you  for  the  regular  army  in  a  strong 
letter  during  the  peninsular  campaign  ? — A.  Yes,  sir. 

By  the  Chairman  : 

Q.  Was  that  before  or  after  you  slapped  the  officer  in  the  face? — A.  It  was  before;  but 
when  I  shot  Lieutenant  Kelley,  General  Sedgwick  told  me  it  was  tlie  best  thiig  I  had  ever 
done  under  the  circumstances,  when  he  knew  them,  and  I  was  acquitted  in  hall  an  hour. 

By  Mr,  Howard  : 

Q.  Did  you  ever  shoot  a  man  in  time  of  peace  ?— A.  Y*ou  must  remember  that  I  iiave  been 


254  DAVIS    HATCH. 

in  a  pretty  rough  country.  I  liave  been  in  Mexico  and  on  the  frontiers  of  Texas,  I  never 
shot  anv  one  except  in  selt-defense. 

Q.  Were  you  ever  on  board  of  a  steamer  when  you  shot  several  men? — A.  I  shot,  two 
men  on  Kiker's  Island  who  mutinied  and  refused  to  go  on  board  the  vessel. 

Q.  Where  is  that  island' — A.  In  the  East  River,  near  New  York.  I  had  orders  to  put 
those  men  on  board  the  steamer  Mississippi,  and  they  refused  to  go  unless  they  got  their 
flushing  bounty  money,  as  they  called  it.  My  orders  were  to  put  them  on  board.  They 
barricaded  themselves  in  the  barracks.  I  got  my  saber  and  pistol  and  drove  them  on  board 
the  steamer. 

By  the  Chairman  : 
Q.  Did  you  kill  them  ? — A.  They  were  wounded. 

By  Mr.  Howard  : 
Q.  Did  you  not  shoot  three? — A.  No,  sir 

By.Mr.  SCHURZ : 
Q.  Was  it  a  case  of  mutiny  ? — A.  Yes,  sir. 

By  Mr.  Howard  : 
Q.  Where  did  the  shooting  take  place,  on  laud  ?— A.  Ou  laud,  at  Riker's  Island. 

By  the  Chair.max: 

Q.  Besides  those  you  killed,  did  you  cut  any  others  with  your  saber  ? — A.  Yes,  sir. 
Q.  How  many  ? — A.  About  a  dozen. 

By  Mr.  ScHURZ : 
Q.  On  the  same  occasion  ? — A.  Yes,  sir. 

By  Mr.  Howard  : 

Q.  Was  not  the  number  eighteen  or  twenty  ?-^A.  Well,  Dr.  Skelton,  who  attended  to 
the  men,  told  me  there  were  eighteen  or  twenty. 

Q.  Were  you  tried  for  that? — A.  No,  sir;  my  action  was  approved.  AVhen  I  first  went 
into  the  barracks  on  that  occasion,  one  of  the  men  struck  at  nie  with  an  ax,  and  if  it  had 
not  been  for  a  lieutenant  who  was  there  he  would  have  killed  me.  That  lieutenant  caught 
the  blow  with  a  big  stick  he  had  in  iiis  hand.  The  man  was  in  a  bunk  over  the  door  as  I 
went  in,  and  struck  at  me  with  an  ax. 

Q.  Were  they  armed  or  unarmed'?— A.  They  had  stones,  sticks,  and  axes. 

Q.  But  no  tire-arms  ? — A.  I  believe  not. 

Q.  (Producing  a  paper.)     Is  that  your  writing? — A.  Yes,  sir. 

Q.  A  memorandum  made  by  you,  I  suppose  ? — A.  Yes,  sir. 

Q.  In  tills  pencil  writing  it  is  said,  "  Ordered  to  put  men  on  steamer  Mississippi ;  revolt ; 
shot  three  men."  Is  it  not  three  ? — A.  I  do  not  go  back  on  it.  I  would  shoot  them  again, 
under  the  same  circumstances. 

Q.  It  proceeds:  "Shot  three  men;  cut  some  eighteen  or  twenty;  put  men  on  board 
steamer;  (juelled  an  attempt  at  mutiny  on  board."  Mow  did  you  come  to  make  out  this 
pa])er  .'—A.  1  was  re(iuested  one  day  to  make  a  memorandum  of  my  life,  and  I  wrote  that ; 
and  I  do  not  go  back  ou  any  of  it. 

Q',  The  pencil  writing  is  difhcult  for  me  to  read  ;  will  you  please  read  the  memorandum  ? — 
A.  '  Shot  tliroe  men,  cut  some  eighteen  or  twenty,  which  Doctor  Skelton  testilied.  Put 
men  on.board  ;  ((uelled  several  attempts  at  mutiny  on  board  ;  arrested  at  New  Orleans  on 
ciiarges  of  tlie  crew  and  others  on  steamer;  honorably  disciuirgcd  by  Judge  Pcabody. 
Captain  ctirtified  1  liad  done  my  duty." 

C^.  A\'hen  did  tliis  occur  f — A.  In  18(54.  There  had  been  several  attempts  of  the  men  to 
get  olf  tlie  island.  Tliey  were  sent  there  as  fast  as  they  were  recruited  in  New  York  City — 
the  refuse  from  Greenwich  and  Water  streets,  itc,  a  pretty  rough  set  of  fellows. 

Q.  Will  you  go  on  reading  the  miMnorandum ? — A.  "Commanded  cavalry  at  Bonnie 
Carrie,  1-iO:} ;  inspector  of  cavalry  and  artilHry  horses  witli  Colonel  Wilson;  commanding 
liead((uarters  for  recruits.  Red  Jiiver  campaign,  on  staff  Colonel  (Jooding,  conmiauding 
fifth  tjrigadi',  i)icket  officer  also;  General  Richard  Arnold  at  Alexandria;  chief  of  cavalry 
outposts,  lu  l-'t;.''),  Oi-tobrr,  went  to  Texas  ;  from  there  to  Mexico ;  voluuteor  aid  to  Louis 
i'aras,  Governor  of  Cliihuahua." 

By  the  Chairman: 

Q.  Was  that  in  tlie  Mexican  army  7 — A.  Yes,  sir;  I  volunteered  at  the  time  they  took 
Chihuahua  from  the  Frencii. 

]'>y  Mr.  Howard  : 
Q.  Go  on  with  tlic  paper? — A.   "  Chiliuhna,  21st  March,  IHIifl,  rode  alone    from  Chiliua- 
Inia  to  Monterey,  through  Monte  Clare,  tlien  to  Brownsville  ;  took  part  in  many  (igiils  against 
Maximilian's  troops.     Come  to  Now  Orleans  ou  special  duty ;  with  Sheridan  from   ldlJ2  to 


DAVIS   HATCH.  255 

1865,  1807,  part  of  1863.     In  Kansas,  Indian  scout.    With  General  J.  J.  Reynolds,  Galves- 
ton, chief  of  police  force  for  Texasi." 

By  Mr.  SciiURZ  : 
Q,  To  whom  did  you  j^ive  that  paper  ?— A.  To  Ben  :  Perlcy  Poore.  One  day  he  said  to 
me:  "  Perry,  you  seem  to  be  attracting  a  {^ood  deal  of  attention  just  now  and  everybody  is 
asking,  '  Why,  who  is  this  fellow  Perry  ;  I  would  like  to  know  something  about  liim.'  "  I 
said  to  liim,  "I  can  give  you  a  history  that  will  be  pretty  rou-^h  ;  my  life  has  been  a  pretty 
rough  one,"  and  I  sat  down  and  uiado  that  little  memorandum  for  him. 

By  the  CHAIRMAN : 

Q.  While  you  -were  in  San  Domingo  did  you  strike  any  person  in  coTirt  ? — A.  No,  sir ;  the 
court  had  aUjourned  ;  tlie  i)eopIe  w  ere  going  out.  I  was  speaking  to  a  man.  I  hail  my  in- 
terpreter there  and  spoke  to  the  man  pleasantl}'  two  or, three  times,  but  he  would  not  pay 
any  attention;  and  then  I  slupjied  him  in  the  face  with  the  back  of  my  hand,  not  with  my 
fist. 

Q.  How  long  before  you  left  San  Doi'ningo  was  that? — A.  Four  or  five  days;  and  it  is 
the  only  thing  they  have  against  me  while  1  was  at  San  Domingo. 

Q.  Had  you  been  attending  the  court  ?  — A.  I  had  been  attending  the  court. 

Q.  Was  it  in  the  court-room  ? — A.  It  was  in  the  court-room. 

By  Mr.  Schurz  : 

Q.  After  the  court  had  adjourned  ? — A.  Yes,  sir. 
By  the  Chairman  : 

Q.  W"ho  was  the  man  ? — A.  A  man  by  the  name  of  Bennett,  who  had  been  selling  liquor 
to  the  sailors  of  the  man-of-war's  men  and  making  a  great  deal  of  trouble  there.  The  cap- 
tain of  the  Tybee  complained  of  him  for  selling  liquor  to  the  sailors  on  board  iiis  ship,  and 
the  captain  stated  to  the  court  that  he  had  instructed  the  officers  if  that  man  came  on  board 
ship  to  have  him  put  him  off;  and  the  mate  of  the  steamer  did  put  him  of}',  and  in  doing  it  he  had 
vised  some  force.  This  man  came  up  to  the  governor's  and  made  a  charge  against  the  mate 
of  the  steamer  for  the  way  he  had  been  treated  ;  and  the  day  after  that  he  also  came  up  to 
my  house  and  said  that  if  he  went  on  with  the  suit  against  this  officer  he  would  lose  the 
trade  of  the  vessel,  and  perhaps  of  all  other  American  vessels,  and  he  would  like  to  withdraw 
his  suit  but  they  would  not  let  him  withdraw  it.  They  told  him  that  if  he  did  not  put  the 
thing  through  and  make  this  charge  they  would  fine  him  and  take  the  money  from  him. 

By  Mr.  Howard  : 

Q.  Did  you  become  security  for  the  defendant  in  that  case  v/here  the  man  whom  you 
slapped  in  the  face  was  plaintiff? — A.  I  w'ill  tell  you.  The  morning  the  steamer  sailed  for 
New  York  City,  they  attempted  to  arrest  the  mate.  The  ship  was  just  ready  to  throw  off 
her  lines  and  go  to  sea.  The  captain  said  to  me  that  if  I  would  become  responsible  for  the 
fine  when  the  ship  returned  he  would  pay  me.  I  told  him,  "  Very  well,  I  will  become  respon- 
sible for  the  tine  ;  but  when  your  ship  returns  you  will  have  to  be  held  responsible  for  it." 
That  was  the  understanding.  I  did  not  become  responsible  for  the  man,  but  I  held  myself 
responsible  for  the  money  until  the  steamer  came  back  on  her  return  trip. 

By  Mr.  Vickers  : 

Q.  Will  you  now  produce  the  letters  of  the  army  officers,  which  you  were  before  asked  to 
produce  ? — A.  Yes,  sir  ;  I  have  always  been  honorably  discharged  from  all  these  complaints 
made  against  me. 

By  Mr.  Schurz  : 

Q.  Before  those  letters  are  read,  I  wish  to  repeat  a  question  I  have  already  put.  Have 
you  anything  to  say  with  regard  to  the  charges  before  that  court-martial  ? — A.  Yes,  sir. 

Mr.  Howard.  Before  he  is  asked  in  regard  to  that  matter,  I  wish  to  make  one  observa- 
tion.    1  regard  the  record  of  the  court-martial  as  a  conclusive  record  upon  the  party  himself. 

Mr.  Vickers.  It  is  only  produced  here  as  collateral  evidence. 

Mr.  Howard.  Is  it  possible  that  you  can  contradict  the  record  of  a  court  ? 

Mr.  Schurz.  I  do  not  see  any  reason  why  he  should  not  be  allowed  to  explain. 
'Mr.  Williams.  So  far  as  I  am  concerned  the  witness  shall  have  an  opportunity  to  ex- 
plain if  he  will  only  be  brief. 

The  Witness.  When  I  went  to  New  Orleans  I  had  an  order  to  take  three  hundred  men 
from  Colonel  Harry  Robinson's  regiment,  who  belonged  to  the  Second  Rhode  Island  cav- 
alry, and  consolidate  them  with  the  First  regiment.  Colonel  Harry  Robinson  was  about 
being  mustered  in  as  colonel  of  the  regiment,  and  my  taking*  these  three  hundred 
men  from  his  regiment  would  take  his  position  from  him,  so  that  ho  could  not  be 
mustered  in  as  colonel.  He  went  to  General  Banks  several  times  and  wanted  to 
retain  those  men.  I  declared  that  I  should  have  them,  and  I  did  get  them,  and  he 
swore  that  he  would  get  square  with  me ;  and  when  he  was  appointed  provost  mar- 
shal general  at  New  Orleans,  I  got  the  track  of  his  sending  ships  from  New  Orleans  to 


256  DAVIS   HATCH. 

Matamoras  with  goods  for  the  confederate  army,  and  lie  was  signing  tLe  papers  that  cleared 
the  vessels.  He  knew  that  I  had  the  inside  track  of  him,  as  we  call  it.  He  heard  sometliing 
about  Staples  buying  mules  and  my  selling  a  horse  to  the  captain  of  this  battery,  and  he 
sent  a  detective  around  to  get  up  charges  against  me,  and  this  court-martial  was  the  result ; 
but  I  was  honorably  dis'.'harged,  and  ordered  to  report  to  General  Lucas  for  active  duty,  aud 
had  an  honorable  resignation  afterwards  from  General  Sheridan,  and  these  are  the  letters 
which  I  will  now  present : 

"  Headquarters  Fifth  Military  District, 

''New  Orleans,  La.,  AHi{iii<t  7,  1867, 
"General:  I  take  great  pleasure  in  introducing. Mr.  Raymond  H.  Perry,  the  bearer  of 
this  letter.  He  has  been  employed  by  me  as  a  .special  ofiicer  for  some  time.  I  have  the 
highest  esteem  for  his  sobriety ,"houesty,  and  zeal,  and  am  only  willing  to  part  with  him 
from  the  belief  that  he  may  obtain  a  more  advantageous  situation.  His  services  are  almost 
indispensable  to  me,  but  I  have  advised  him  to  accept  the  offer  from  Galveston. 
"I  am,  general,  very  respectfully,  your  obedient  servant, 

"P.  PL  SHERIDAN, 
"  Major  General  United  States  Army. 
'  Brevet  Major  General  Charles  Griffin, 

"  Commanding  District  of  Texas,  Galveston,  Texas." 


"  State  OF  Rhode  Island,  Executive  Department, 

"  Procidence,  February  11,  18GS. 

"My  Dear  General:  Please  allow  me  to  present  to  you  my  friend,  Major  Raymond 
H.  Perry,  who  was  an  efficient  and  gallant  officer  during  the  late  war,  and  has  since  done 
excellent  service  in  the  fifth  military  district,  under  General  Sheridan,  to  whom  he  is  well 
known.  He  is  the  sou  of  Hon.  James  D.  W.  Perry,  of  this  State,  one  of  my  oldest  aud 
best  friends. 

"  Any  kindness  shown  him  will  be  remembered. 
' '  Yours,  ver^'  truh', 

"A.  E.  BURNSIDE. 
"  General  U.  S.  Grant. 

"  Commandinir  Armies  United  States." 


"Providence,  Odoher  Vj,  18l)9. 
"Sir:  Major  Raymond  H.  Perry  is  an  applicant  for  the  place  of  marshal  of  tlie  western 
district  of  Texas,  ilajor  Perry  served  through  the  war  and  has  since  been  in  the  service 
under  General  Sheridan,  whose  recommendation  he  has.  He  acquired  the  reputation  of  a 
most  gallant  and  fearless  soldier.  He  is  connected  with  some  of  our  most  resju-ctable  fami- 
lies. His  father  has  been  repeatedly  a  member  of  our  general  assembly,  and  he  is  a  relative 
of  tiie  illustrious  commodore  whose  name  he  bears.  I  take  pleasure  in  commending  him  to 
your  favorable  consideration. 

"Very  respectfully,  your  obedient  servant, 

"11.  B.  ANTHONY. 
"The  President." 


"  Headquarters  Mm.itarv  Division  of  the  Missouri, 

"  Chicago,  Illinois,  October  7,  J 869. 
"Sir:  The  bearer,  Major  Raymond   H.  Perry,  late  of  the  volunteer  army  of  the  United 
States,  desires  the  appointment  (i   United  Stales  marshal  for  the  western  district  of  Texas. 
In  case  of  an  existing  vacancy  in  said  position  1  cordially  recommend  liim  fur  the  place. 

"Major  I'eiry  served  with  credit  dviring  the  war,  and   during   the  years    Irili.'),  l.-6(),  and 
1867  was  with  me  in  the  South.     J'"or  sonrc  time  he  was  chiel  ot  j)olice  at  (ialveston,  Texas, 
liaving  liecn  appointeil  by  the  late  GeiKjral  Charles  (iritfin.     He  is  an  active,  energetic,  und 
feurlesa  man,  and  one  that  can  be  relird  upon  t(j  do  his  duty. 
"  I  am,  sir,  with  great  respect,  your  obedient  servant, 

"P.  H.  SHERIDAN, 

"  Lieutenant  General. 
"His  Excellency  the  President  of  tiik  Umtki)  States. 

"  IVashington,  D.  C." 


DAVIS    HATCH.  257 

[Indorsed  by  President  Grant.] 

"Respectfully  referred  to  the  Attorney  General  for  such  recommeu'latioii  as  he  deems 
proper.  If  there  is  a  change  to  be  made  in  the  marshalship  I  think  we  can  do  no  better  thaa 
to  take  Major  Perry. 

"  U.  S.  GRANT. 

"October  18,  1869." 

By  Mr.  Ferry  : 

Q.  Did  you  present  these  papers  to  the  Attorney  General  ? — A.   I  did. 

Q.  What  was  done  i^pou  the  recommendation  of  General  Sheridan  and  of  the  President, 
when  you  went  to  the  Attorney  General  .' — A.  They  had  just  made  an  appointment  only 
three  or  four  days  before  of  United  States  marshal  for  Texas,  and  as  they  were  about  having 
an  election  in  Texas  for  governor,  it  was  not  deemed  desirable  to  make  any  changes  there  at 
that  time,  for  political  reasons, 

Q.  How  soon  afterward  did  you  hear  of  any  other  appointment,  or  about  your  appoint- 
ment to  San  Domingo  ? — A.  Three  days  after  this,  I  think,  I  stepped  in  at  the  Executive 
Mansion  and  saw  General  Dent,  and  he  and  I  went  to  see  the  President;  and  the  President 
told  me  to  go  down  and  report  to  the  Secretary  of  State,  and  then  he  told  me  that  they 
wanted  me  to  go  out  to  Sau  Domingo  as  commercial  agent,  the  same  as  consul.  I  told  him 
it  was  not  such  a  position  as  I  liked,  and  not  such  a  position  as  I  was  fitted  for ;  that  I 
wanted  a  more  active  position. 

By  Mr.  Howard  : 

Q.  You  have  talked  with  a  great  many  persons  respecting  the  treaty  and  the  parties  con- 
cerned in  its  negotiation  since  your  return  from  San  Domingo,  have  you  not  ? — A.  Yes,  sir. 
If  the  committee  please,  I  should  like  here  to  make  one  correction  iu  my  testimony.  I  stated 
that  President  Grunt  did  not  see.m  to  like  to  hear  me  speak  in  relation  to  San  Domingo,  and 
I  spoke  of  what  occurred  the  second  day  I  called  there.  I  did  not  mean  to  have  it  inferred 
that  the  President  did  not  want  to  hear  anything  in  opposition  to  San  Domingo  ;  but  I  took 
it  he  either  thought  I  had  an  exaggerated  idea  of  it,  or  else  was  displeased  to  think  there 
was  anything  against  the  parties  who  were  connected  with  it.  I  do  not  mean  to  say  that 
he  wanted  to  avoid  hearing  anything,  though  some  might  draw  the  inference  from  what  I 
said  that  it  was  to  avoid  hearing  anything.  I  do  not  wish  to  say  anything  to  reflect  on  any 
of  the  departments  here.     I  merely  want  to  do  my  duty  in  every  way. 

By  Mr.  ViCKERS  : 

Q.  In  your  letter  of  June  7  you  say  :  "I  have  also  had  directions  from  several  others." 
First  you  say,  "  I  was  also  advised  by  Generals  Babcock,  Ingalls,  Cazneau,  Fabens,  and 
others  to  write  nothing  personal,  and  always  speak  encoirragiugly  in  my  communications." 
Then  you  add,  "  I  have  also  had  directions  from  several  others  what  my  correspondence 
should  be  to  the  Department  of  State  at  Washington,  and  have  been  requested  to  keep  back 
facts  in  relation  to  the  election  and  Cabral's  party."  Are  there  any  other  persons  than 
those  you  have  named  that  gave  you  such  advice? — A.  None  but  those  I  have  named. 

Q.  You  say  further :  "I  told  Babcock  one  day  in  my  office  iu  San  Domingo,  that  I  thought 
there  was  foul  play  somewhere,  and  told  him  I  did  not  like  the  actions  or  propositions  of 
Cazneau,  Fabens,  Baez,  and  others."  What  others  did  you  allude  to?  Have  you  named 
them  ail,  or  are  there  any  others  that  you  desired  to  speak  of? — A.  None  others. 

Q.  You  say  :  "  The  night  the  Albany  sailed  with  General  Babcock  for  Samana  from  San 
Domingo,  Fabens  and  Cazneau  brought  in  a  paper  for  lands  at  Samana ;  they  wished  me 
to  certify  to  their  signatures  as  correct."  Mr.  Fabens  says  there  was  no  such  paper,  but  that 
there  was  a  power  of  attorney.  What  is  yom"  recollection  about  it? — A.  It  was  not  to  sign 
as  a  power  of  attorney.  I  did  not  consider  it  so.  I  saw  the  paper  here  at  the  time.  It  was 
in  connection  with  lands  at  Samana,  and  then'  names  were  mixed  up  with  it.  I  saw  the 
drift  of  it,  not  signing  it. 

Q.  When  you  spoke,  awhile  ago,  of  not  having  represented  the  facts  correctly  to  the 
State  Department,  did  you  mean  the  telegram  about  the  election  ?  Is  that  what  you  meant  ?— 
A.  I  meant  that  and  other  communications  which  I  have  written. 

Q.  Do  you  mean  that  you  did  not  misstate  any  facts,  but  withheld  some  facts  in  conse- 
quence of  an  apprehension  of  losing  your  position  there  ? — A.  That  was  it. 

Q.  What  influence  did  you  apprehend  there  to  your  prejudice  .' — A.  1  apprehended  that 
parties  there,  Baez,  Cazneau,  and  all  these  gentlemen  concerned  in  this  anue.xation  move- 
ment, if  they  saw  I  was  iu  the  way  at  all,  would  apply  for  my  being  relieved.  I  understood 
that. 

Q.  Have  you  ever  seen  an  American  tried  there  for  any  offense  ? — A.  None  except  this 
mate  of  the  steamer  Tybee. 

Q.  He  was  an  American  ? — A.  Yes,  sir. 

Q.  Did  they  allow  him  time  and  witnesses  ? — A.  They  allowed  him  time.  That  was  the 
reason  I  went  security  for  him  the  time  the  steamer  left.  They  did  not  give  him  time  that 
morning,  and  I  went  security  for  the  fine  until  his  return.     They  gave  him  time  then. 

Q.  Ample  time  to  prepare  for  his  defense  ? — A.   Yes,  .sir. 

S.  Rep.  234 17 


258  DAVIS    HATCH. 

By  the  Ckaikmax  : 
Q.  How  much  ? — A.  They  notified  him  two  days  before  the  steamer  was  to  leave.     He 
was  arrested  two  days  before,  aud  he  was  uotitied  the  night  before,  and  came  up  to  court 
next  morning. 

By  Mr.  Williams  : 

Q.  That  was  a  civil  tribunal  ? — A.  Yes,  sir. 
By  Mr.  ViCKERS : 

Q.  You  never  knew  any  American  tried  there  by  a  court-martial  ?  — A.  No,  sir. 

Q.  Your  letter  of  7th  June,  1870,  was  to-day  presented  to  you  with  some  interlineations, 
and  you  stated  that  yon  did  not  know  the  handwriting  in  which  they  were  made.  You  said 
that  Mr.  Smith  was  in  your  room? — A.  Yes,  sir. 

Q.  Explain  the  circumstances.     Did  he  read  this  paper  ? — A.  He  read  it. 

Q.  What  were  you  employed  in  doing  while  he  was  there  ? — A.  I  was  siiaving  at  the  glass, 
and  I  asked  him  to  read  it  over  to  me  while  I  was  shaving  that  he  might  see  the  drift  of  it, 
and  that  I  might  see  if  there  were  any  corrections  I  wanted  to  make.  He  read  it  to  me, 
and  he  might  at  the  time  have  added  one  or  two  words  ;  I  cannot  say  as  to  that,  but  there 
is  not  one  word  that  I  took  advice  from  him  in  relation  to. 

Q.  Was  your  back  toward  him? — A.  My  back  was  toward  him.  I  was  shaving  at  the 
glass  while  he  was  reading  it. 

By  Mr.  Ferry  : 

Q.  It  appears  from  the  record  that  this  committee  was  ordered  on  the  8th  of  .Tune,  and  on 
the  same  day  you  have  stated  that  you  received  your  notice  to  appear  before  the  committee 
from  Senator  Nye,  the  chairman,  and  that  Senator  Howard  called  on  you.  On  the  next  day, 
the  9th  of  June,  in  the  evening,  you  first  testified  as  a  witness? — A.  Yes,  sir. 

Q.  On  the  evening  of  Thursday,  the  9th  of  June,  did  you  testify  in  reply  to  a  question  of 
Mr.  Howard,  that  you  had  made  such  a  report,  aud  that  it  was  here  in  your  pocket,  and  the 
committee  could  have  it  if  they  wished? — A.  I  said  that  in  answer  to  Senator  Williams. 

Q.  And  Mr.  Smith  did  not  airive  until  the  next  day,  Friday  ? — A.  Tliat  was  tlie  day. 

Q.  And  on  Saturday  morning  the  paper  was  fiUd  at  the  State  Department  ? — A.  Yes,  sir. 

Q.  Where  did  you  first  see  Mr.  Smith  on  Friday  ? — A.  I  met  him  at  the  ofiice  of  Willard's 
Hotel.  When  I  was  leaving  n)y  key  there  in  the  morning,  he  was  standing  at  the  office  on 
his  arrival,  and  I  took  liim  up  to  my  room  and  told  him  I  had  written  a  full  statement,  aud 
showed  it  to  hiin  then,  all  written  cut,  and  not  one  word  has  been  written  since  Mr.  Smith 
arrived,  unless  he  added  a  word  or  so  after  reading  it  over,  of  which  I  am  not  aware. 

By  Mr.  Warnkr  : 

Q.  Did  you  read  it  over  after  Mr.  Smith  read  it  ? — A.  No;  I  asked  him  to  read  it  while  I 
was  shaving,  as  I  was  going  to  take  it  down  then,  and  I  took  it  at  once.  That  was  Satur- 
day morning. 

By  Mr.  Ferrv  : 

Q.  Did  the  interlineations  which  Senator  Howard  pointed  out  to  you  amount  to  more  than 
twenty  or  thirty  words  in  all  ?— A.  Not  thirty  words,  I  think,  and  tliose  are  in  diflerent 
places,  so  that  they  do  not  change  the  sense  at  all,  I  think. 

Mr.  Howard.  1  think  it  does  in  one  or  two  ])laces. 

The  WiTNi;s.s.  If  so,  I  should  like  to  have  my  attention  called  to  it. 

By  Mr.  Vickers: 

Q.  Do  you  now  reaffiim,  upon  cath,  the  statements  in  that  letter  of  tlie  7th  of  June  ? — A. 
I  do,  every  word  of  it.  There  is  another  thing  I  should  like  to  speak  al)out.  1  represented 
that  Cieneral  Ingalls  did  have  interests  on  the  island.  I  was  informed  by  General  Cazneau 
that  botli  he  and  General  Babcock  h.ad  interests  there,  and  that  in  taking  those  steps  I  was 
working  against  my  friends.  Mr.  Kdward  Prime  also  told  me  that.  On  the  receipt  of  Gcu' 
eral  Ingalls's  letter,  I  showed  it  to  Mr.  I'rime,  and  lie  expressed  surprise  that  Ingalls  could 
write  such  n  letter,  and  said  :  "Well,  I  can  understand  it;  he  is  interested  in  tln'bank 
here,"  and  that  geutlemun  is  resident  manager  of  the  bank  in  San  Domingo. 

By  Mr.  Wilmam.s  : 

Q.  You  and  General  Ingalls  were  on  i)erfectly  friendly  terms,  were  vi  u  not ' — A.  rcrfecllj' 
so,  and  I  feel  so  to-day  toward  liim. 

Q.  What  kind  of  proceeding  do  you  regard  it  for  one  gentleman  In  tiiki'  a  jirivate  letU'r 
of  lliat  kind,  wiitt(!n  in  (•(infideiue,  and  pn  and  exhibit  it  to  other  ])eo|>le  .'  What  object  liad 
you  in  that ! — A.  No  other  object  than  this  :  1  i-aiiic  to  Washington  and  related  a  few  facts 

(/.  You  said  that  you  took  that  letter  of  General  Ingalls,  and  showed  it  to  Mr.  Prime. 
Why  should  you  take  a  private  letter  from  a  friend,  and  go  and  exliibii  it  to  anotiier  person  7 — 
A.  Beeaust^  Prime  and  myself  were  living  in  the  same  liouse,  and  we  were  like  two  brothers 
ever  since  I  Avenl  tliore. 


DAVIS   HATCH.  259 

Q.  Is  that  your  usual  practice,  in  reference  to  private,  confiilential  letters  that  you  re- 
ceive from  friends  ? — A.  No;   but  I  knew  at  the  time  that  he  did  have  interests  in  the  bank. 

By  Mr.  SCHURZ: 
Q.  Did  you  know  it  from  Mr.  Prime? — A.  From  Mr.  Prime. 

By  Mr.  Vickers  : 

Q.  There  were  but  few  Americans  there,  were  there  not  ! — A.  But  few.  "Mr.  Prime  was 
the  only  intimate  friend  I  had  there. 

By  Mr.  Williams  : 

Q.  What  was  there  in  that  letter  that  was  so  remarkable  that  you  should  direct  the  atten- 
tion of  ^Ir.  Prime  to  it  ? — A.  Because  both  these  letters  came  at  once,  one  dated  the  30th  and 
the  other  the  31st  of  March,  ld7U  ;  one  from  Babcock,  and  the  other  from  Ingalls,  and  they 
were  both  in  the  same  tone. 

Q.  What  was  there  in  General  In^alls's  letter  which  was  so  remarkable  that  you  cousid 
ered  it  necessary  to  consult  Mr.  Prime  ?— A.  I  thought  it  was  remarkable  for  any  one  to  die 
tate  what  my  correspondence  with  the  State  Department  should  be. 

Q.  Did  you  understand  that  it  was  dictation,  or  simply  a  matter  of  friendly  advice  to 
you  ? — A.  Where  a  man  is  interested  I  do.  not  consider  it  friendly  advice. 

By  the  Chairman  : 

Q.  In  the  correspondence  which  we  have  here,  you  go  on  to  state  that  you  had  lost  con- 
fidence in  Fabens  and  in  Cazneau.  Did  you  think  then,  or  do  you  thiuk  now,  their  advice 
amounted  to  anything  more  than  that  your  official  coiTespondence  should  not  contain  your 
private  suggestions  about  individuals?— A.  But  where  such  men  were  in  direct  correspond- 
ence with  the  Executive  Mansion  at  Washington,  I  thought  it  my  duty  to  speak  of  such 
things,  because  they  were  making  capital  out  of  them,  and  Baez  and  those  men  hold  claims 
to-day,  so  that  in  case  of  annexation  they  and  their  friends  in  New  York  will  have  over  half 
the  island. 

By  Mr.  ScilURZ : 

Q.  How  did  you  know  they  were  in  correspondence  with  the  Executive  Mansion  ? — A. 
Because  I  saw  letters  of  Cazneau  directed  to  President  Grant  himself,  not  to  Babcock  ;  and 
so  has  Mr.  Smith  seen  them. 

By  Mr.  Howard  : 

Q.  Where  did  you  see  them  ? — A.  In  San  Domingo. 

Q.  How  did  you  see  them  .' — A.  I  saw  them  in  his  house. 

Q.  Cazneau's  house? — A.  Cazneau's  house;  and  Mr.  Smith  also  saw  a  letter  brought 
there. 

Q.  Who  showed  them  to  you  ? — A.  I  was  at  Cazneau's  office  quite  often  when  I  first 
went  there.  He  was  writing  on  the  table  every  evening,  and  "the  letters  were  lying  right 
on  his  table  marked  "Executive  Mansion,"  and  he  used  to  read  pieces  from  them  when  I 
first  went  there. 

By  the  Chairman  : 

Q.  Did  you  ever  read  them  ? — A.  He  never  let  me  read  them.     He  used  to  take  them  up 
and  read  pieces  from  them  himself. 
Q.  Did  you  read  the  letters  ? — A.  No,  sir, 
Q.  Then  you  do  not  know  what  was  in  them  ? — A.  No. 
Q.  Or  what  they  pertained  to  ? — A.  Only  what  I  heard. 

By  Mr.  ScHURZ  : 

Q.  Did  he  read  any  parts  of  those  letters  ? — A.   Yes,  sir. 

Q.  From  President  Grant  ? — A.  From  General  Babcock.  I  do  not  mean  to  say  they  were 
from  the  President. 

Q.  You  have  just  said  that  you  had  seen  letters  from  General  Grant  personally.  Did  you 
mean  to  say  so  ? — A.  I  have  seen  envelopes  addressed  to  him  personally.  I  did  not  see  the 
letters. 

By  Mr.  Howard  : 

Q.  Do  you  say  that  you   saw   envelopes   addressed   to   President  Grant  at  Cazneau's 
house  ? — A.  Y''es,  sir  ;  and  others  besides  myself  saw  them. 
Q.  But  you  did  not  read  the  letters  ?— A.  No,  sir. 

By  Mr.  Ferry 

Q.  Did  you  receive,  on  leaving  San  Domingo,  any  communication  from  the  Americans 


260  DAVIS    HATCH. 

there  ? — A.  Yes,  sir ;  I  received  on  the  day  I  left  the  following  testimonial,  signed  by  all  the 
American  citizens  in  business  at  San  Domingo,  except  Schumaker  and  Gazneau : 

"San  Domingo,  May  16,  1870. 
"Sir:  We,  the  undersigned,  citizens  of  the  United  States,  temporarily  residing  in  San 
Domingo,  have  heard  with  feelings  of  deep  regret  that  you  contemplate  leaving  your  present 
field  of  duty.  This  news  has  cast  a  gloom  of  sadness  over  us,  who  have  known  you  both 
in  your  official  and  social  capacity.  We  now  desire  to  express  our  heartfelt  thanks  for  the 
efficient  manner  in  which  you  have  protected  here  the  interests  of  our  country  and  of  her 
citizens.  We  know,  in  a  slight  degree,  the  difficulties  with  which  you  have  been  surrounded, 
and  the  obstacles  placed  in  your  path  by  the  douljle-dealings  and  trickery  of  certain  parties 
here.  The  open-handed  and  straightforward  manner  in  which  you  have  met  and  sur- 
mounted these  obstacles  has  ever  been  the  theme  of  our  favorable  comment.  Should  you 
ever  need  our  assistance  in  defense  of  the  course  pursued  by  you,  rest  assured  that  we  each 
and  every  one  will  only  be  too  glad  to  render  you  anv  service  in  our  power. 

"E.  A.' FRIEND,  of  Baltimore,  Maryland. 

"SAMUEL  C.  PIERCE,  of  Rochester,  New  York. 

"A.  E.  KIBBEY.  of  Albanv,  New  York. 

"JOHN  SCOTT,  of  Rochester,  New  York. 

"  W.  POLAND,  of  Albany,  New  York. 

"O.  J.  PARKER,  of  Texas. 

"JOSEPH  WILSON,  of  New  Y'ork  City. 

"  W.  P.  GOLDIE.  of  New  York  Citv. 

"  A.  B.  BASHFORD,  of  Newport,  Rhode  Island. 

"  EDWARD  PRIME,  of  New  York  City,  Manager; 
"  of  National  Bank,  San  Domingo. 
"Major  R.WMOND  H.  Peury, 

"United  States  Commercial  Agent,  San  Domingo  City.'" 

By  the  Chairman  : 

Q.  When  you  entered  upon  the  duties  of  your  office  as  commercial  agent,  did  you  take 
any  oath  ? — A.  Yes,  sir. 

Q.  What  was  the  form  of  it  ? — A.  To  fulfill  my  duties  in  relation  to  the  commercial  agency. 

Q.  Faithfully  to  perform  all  the  duties  that  pertained  to  your  office,  and  to  support  the 
Constitution  of  the  United  States  ? — A.  Yes,  sir. 

Q.  Did  you  regard  it  as  your  duty  to  state  the  whole  truth  to  the  government  from  which 
you  were  accredited,  in  your  communications,  under  that  oath,  or  by  your  official  position  ? — 
A.  I  did  not  consider  it  so,  under  the  circumstances  under  which  I  went  down  tliere. 

Q.  Your  answer  is,  that  under  the  circumstances  under  which  you  went  down  there,  you 
did  not  consider  it  your  duty  to  tell  the  truth  ? — A.  The  whole  truth  in  relation  to  things 
there.  I  have  told  the  truth  in  everything,  but  what  I  understood  was  that  I  was  not  ex- 
pected to  tell  everything  that  went  on  therein  San  Domingo.  That  is  my  answer  to  the 
question. 

By  Mr.  PIoward  : 

Q.  Did  you  suppose  it  to  be  your  duty  to  suppress  and  withhold  from  the  government  any 
material  facts  necessary  for  your  government  to  know  in  regard  to  the  negotiation  for  the 
annexation  of  the  island?  Did  you  regard  it  as  your  duty  to  kec])  Ijack  and  sup]iress  any 
material  facts  ? — A.  I  did  not  regard  it  as  my  duty  as  such  ;  but  such  was  my  advice  from 
parties  in  connection  with  this  matter,  and  parties  who  had  sent  me  there. 

Q.  Then  you  followed  the  advice  of  other  parties  in  that  respect  ?— A.  I  did  not  follow  it, 
because  my  conduct  and  communications  which  have  been  di.'^approved  by  the  State  Depart- 
ment as  unsatisfactory  and  at  the  Executive  Mansion,  prove  that  I  did  not  follow  their  advice 
exactly. 

Mr.  Howard.  I  speak  in  reference  to  your  communications  from  the  island  while  you 
were  there,  when  you  suppressed  the  facts. 

Tlie  Chairman.  There  is  no  evidence  hero  that  your  communications  have  not  been 
satisfactory. 

The  WiTNFfs.i.  There  is  evidence  in  the  State  Department,  because  I  have  it  direct  from 
a  man  in  the  State  Department 

The  Chairman.  That  will  not  do,     You  cannot  go  into  that. 

By  Mr.  SfiiURZ : 

Q.  Did  you  suppose  the  advice  given  you  by  the  parties  to  whom  you  refer  was  approved 
by  influential  jiersons  here  in  Washington  ? — A.  I  did,  most  certainly.  As  si  ion  as  I  saw 
the  relief  of  Mr.  Smitli  in  San  Domingo,  before  I  liad  been  tliere  forty-eight  hours,  I  came 
to  that  conclusion;  and  I  said  to  General  Bal»c<)ck,  in  my  office,  when  he  was  leaving  San 
Domingo,  tliat  I  did  not  want  to  stay  there  ;  tiiat  I  would  rather  have  some  position  in  the 
States,  because  I  saw  I  could  not  carry  out  what  was  wanted. 


DAVIS    HATCH.  261 

J.  W.  Fabens  lecalled. 
By  the  Chairman  : 

Question.  Did  you  bear  the  statement  of  Mr.  Perry  in  relation  to  your  conversation  on 
the  steamer  g^oing  down  ? — Answer.  I  did. 

Q.  What  have  you  to  say  about  it? — A.  I  repeat  what  I  have  already  said,  that  it  is  a 
misstatement;  that  such  conversations  did  not  occur  as  he  describes. 

Q.  Did  you  ever  advise  Mr.  Perry  to  withhold  anything  from  the  government  ?— A. 
Never. 

(R.  H.  Perry.  Mr.  Fabens  never  has.) 

Q.  Did  you  ever  hear  General  Babcock  advise  him  to  do  it  ? — A.  No,  sir. 

By  Mr. Howard: 

Q.  Did  you  ever  hear  Mr.  Cazneau  advise  him  to  withhold  anything  from  the  govern- 
ment ? — A.  Never. 
Q.  Were  you  not  familiar  with  Cazneau' — A.  I  was. 
Q.  In  constant  intercourse  with  him  ? — A.  Daily  intercourse. 
Q.  You  had  business  interests  with  him  ? — A.  Yes,  sir. 

By  the  Chairman: 

Q.  Did  you  notice  Avhat  he  said  in  relation  to  the  sale  of  lumber? — A.  I  did. 

Q.  Is  it  true  or  untrue? — A.  I  will  make  the  same  explanation  I  have  already  made  in 
regard  to  that. 

Q.  You  stated  the  other  day  that  there  was  some  lumber  conceded  to  a  church  or  some- 
thing of  that  kind  ? — A.  Yes  ;  and  it  may  be  that,  as  a  favor,  there  may  have  been  a  few 
boards  conceded  to  some  other  persons  as  &  special  favor  from  the  island,  of  the  lumber 
belonging  to  the  steamship  company. 

Q.  Did  you  ever  have  any  lumber  there? — A.  Not  a  foot. 

By  Mr.  SCHURZ  : 

Q.  You  are  the  agent  of  the  steamship  company  ? — A.  I  was  acting  as  the  friends  of  Spof- 
ford  &  Tileston,  but  receiving  no  pay. 
Q.  Are  you  interested  with  them  ? — A.  1  am  not  in  that  steamship  line. 

By  the  Chairman  : 

Q.  Did  you  make  it  a  business  to  sell  lumber  ? — A.  I  did  not. 
Q.  Or  anything  else?— A.  Nothing  else.     I  had  no  comme'rcial  business  at  all. 
Q.  Do  you  know  the  Frenchman  who  wrote  that  letter  which  was  read  this  morning? — 
A.  Yes,  sir. 
Q.  Who  is  he  ?— A.  He  is  a  Haytien  refugee  who  has  been  there  but  a  short  time. 

By  Mr.  Howard  : 

Q.  What  is  his  name  ? — A.  Marciac.  He  arrived  there,  with  some  other  refugees,  shortly 
after  the  downfall  of  Salnave,  abd  opened  a  little  rum-shop  there,  selling  rum  to  sailors. 

Q.  Was  he  a  merchant? — A.  No,  sir.  He  sold  liquor;  I  do  not  think  he  sold  anything 
else.  His  place  was  closed  on  Sundays,  at  my  request  to  the  authorities.  I  was  asked  to 
make  this  request  by  the  captain  of  the  monitor  Decatur,  Captain  Calhoun.  This  interfered 
very  materially  with  his  business,  Sunday  being  the  day  when  the  men-of-war  sailors  are 
allowed  liberty  on  shore.     That  is  the  only  connection  I  have  ever  had  with  Marciac. 

Q.  What  is  his  character  there? — A.  I  do  not  really  know  much  about  his  character.  I 
have  a  copy  of  that  steamship  convention,  if  you  would  like  to  see  the  article  which  speci- 
fies that  everything  belonging  to  the  company  shall  come  in  free  of  port  charges.  This  is 
the  article : 

"Article  6.  The  steamers  of  the  company  shall  be  free  of  all  port  charges,  as  also  free 
of  duties  on  provisions,  live-stock,  coal,  and  whatever  other  material  specially  destined  for 
the  use  of  the  lines." 

This  steamship  convention  contemplates  not  only  a  line  from  New  York  and  New  Orleans, 
but  also  in  the  interior  navigation  of  the  river  Yuua. 

"The  vessels  which  come  laden  particularly  with  coal,  provisions,  and  live-stock,  destined 
for  the  consumption  of  the  said  steamers  of  the  company,  shall  also  be  exempt  from  all  port 
charges." 

By  the  CHAIRMAN : 

Q.  When  was  that  concession  made  ? — A.  This  contract  was  made  the  8th  of  October, 
1868. 

Q.  Is  a  copy  of  it  on  file  in  the  State  Department  ? — A.  Yes,  sir.  It  goes  on  to  describe 
vrhat  other  privileges  they  are  to  have,  such  as  land  for  wharves,  coal  depots,  &c.  It  is  a 
mistake  to  speak  of  consignments.  There  was  Ijut  one  vessel  belonging:  to  the  steamship 
company  that  came  over  during  the  time  I  was  there,  a  brig  belonging  to  the  same  house  that 
owns  the  steamers,  which  brought  some  lumber  and  some  other  things  for  the  use  of  the 
steamship  company,  and  brought  a  manifest,  certified  to  by  the  Dominican  consul  general. 


262  DAVIS    HATCH. 

in  New  York,  to  that  effect.  The  captain  entered  the  vessel  with  his  manifest,  and  while  the 
captain  was  there  he  did  what  business  there  was  to  do. 

Q.  It  was  not  consigned  to  you  ? — A.  Only  consigned  to  me  so  far  as  I  happened  to  be 
th^re  and  was  a  friend  of  the  parties,  and  I  looked  after  their  interests. 

Q.  Since  the  treaty  of  annexation  was  signed  have  you  applied  for  or  obtained  any  con- 
cessions from  the  Dominican  government  ? — A.  No,  sir  ;   nothing  of  the  kind. 

Q.  For  yourself  or  anybody  else  ? — A.  No,  sir;  for  nobody. 

By  Mr.  Williams  : 
Q.  Have  any  been  made  to  your  knowledge  ■ — A.  I  do  not  think  any  have  been  made  or 
applied  for.     I  am  very  certain  none  have.      I  a-n  fully  satisfied  that  President  Baez  has 
been  very  rigid  in  adhering  strictly  to  the  letter  of  the  treaty. 

By  the  Chairman  : 

Q.  How  old  is  the  immigration  grant  or  concession  ? — A.  I  think  that  dates  back  to  1S66. 

By  Mr.  SCHURZ : 

Q.  That  is  General  Cazueau's  scheme,  is  it  not? — A.  Yes,  that  is  General  Cazneau's 
scheme.  The  history  of  that  is  briefly  this  :  The  great  drain  upon  the  resources  of  the 
Dominican  Republic  has  been  the  expense  incurred  in  the  protection  of  the  frontier  line  of 
Hayti.  There  have  been  from  time  to  time,  ever  since,  in  fact,  the  establishment  of  the 
republic  in  J  844,  frequent  attempts  at  invasions  and  frequent  incursions  from  the  Haytieu 
side  ;  small  raids  which  have  kept  the  border  in  a  constant  state  of  excitement  and  alarm. 
The  several  governments — Cabral's  government  as  well  as  Baez's  government ;  indeed,  it  was 
a  favorite  scheme  of  Cabral ;  and  I  think  the  first  convention  was  made  by  Cabral  during 
the  absence  of  Baez,  the  several  governments  have  conceived  that  if  they  could  place  upon 
this  frontier  a  class  of  actual  settlers,  who  would  go  there  and  occupy  the  laud,  and  bring 
with  them  their  own  weapons  of  offense,  as  men  did  go  to  Texas  in  earlier  days,  they  would 
operate  as  a  barrier  against  the  Haytien  incursions,  and  would  save  the  republic  a  large 
amount  of  money. 

Q.  Was  the  idea  that  it  should  be  a  sort  of  military  frontier?— A.  A  kind  of  a  military 
frontier.  So  much  land  was  to  be  given  to  each  emigrant,  and  Cazneau  having  been  familiar 
with  that  sort  of  thing  in  Texas,  was  always  very  favorable  to  that  view,  and  was  disposed 
to  aid  the  government  in  any  way  he  could.  His  object,  I  think,  was  not  pecuniary  profit, 
but  was  strictly  patriotic.  He  was  never  able  to  do  anything,  because  he  could  not  get  the 
parties  to  co-operate  with  him  to  send  out  the  emigrants  as  he  desired,  and  the  matter  lay 
along. 

By  Mr.  Flrry  : 

Q.  Did  you  not  try  it  once  under  the  name  of  the  American  West  India  Company  ?— A. 
No,  sir. 

Q.  There  was  .such  a  company,  was  there  not ! — A.  Yes,  sir. 

Q.  Were  you  in  it  ? — Ai  Yes,  sir.  That  was  under  Spain,  when  Spain  was  in  possession 
of  the  island. 

Q.  Were  you  there  then?— A.  I  went  down  there  for  a  short  time. 

Q.  Was  General  Baez  an  officer  of  the  Spanish  army  ? — A.  No,  sir;  I  do  not  think  he 
was.     He  was  not  in  San  Domingo  at  that  time. 

Q.  During  the  Spanish  occupation  ?— A.  No  ;  he  was  not  there  then. 

By  Mr.  ScuURZ: 

Q.  Did  he  not  hold  a  rank  in  the  Spanish  army  ! — A.  They  made  him  a  marshal ;  but  be 
was  then  in  Europe. 

Q.  Give  the  history  of  that  colonization  or  emigration  scheme. — A.  That  was  under 
Spain.  It  was  by  an"  arrangement  with  Mr.  De  Alva,  the  Queen's  commissioner,  to  settle 
some  of  the  lands  of  the  country,  offering  very  liberal  inducements  to  settlers.  It  progressed 
very  well  until  the  revolution  iiroke  out  against  Spain.  That  was  solely  a  company  organ- 
ized under  Spanish  auspices;   it  had  nothing  to. do  with  Baez. 

Q.  What  was  the  result  of  the  revolution  that  connnenced  against  Spain  ?— A.  A  revolu- 
tion commenced  against  Spain  by  tlif  Dominicans,  and  the  Si)anish  autlmrity  was  driven  out. 

Q.  How  did  it  afiV-ct  that  scliemc  .'—A.  It  broke  it  up.  Tin-y  were  cut  olV  from  com- 
munication with  the  coast,  and  the  colonists  retired.  We  had  contemiilated  at  ihut  lime 
introducing  a  large  n>inibcr  of  blacks  from  here.  Mr.  Lincoln  was  very  favorable  to  that, 
and  Mr.  Smith,  the  Secretary  of  the  Interior  at  that  time,  favored  it  very  nuicli. 

Q.  Now  conic  back  to  Cazneau's  enterprise.  Wiis  not  the  enterprise  you  have  just  been 
speaking  of  Cazneau's? — A.  No;  he  was  interested  in  it,  but  that  was  not  the  enterprise. 
This  enterprise  is  of  a  later  date.  This  is  since  the  last  restoration  of  tlie  republic,  in  I8()G. 
The  first  concession  was  made  in  iHtjH.  The  republic  was  actually  restored  in  Jd()5.  The 
Spanish  authority  retired  in  lii^d.O. 

(;.  Did  a  great  many  of  those  immigrants  and  colonists  die  ? — A.  I  think  some  died  ;  a 
lew,  not  a  great  many.  There  were  not  a  great  many  who  went  out  altogether ;  perhaps 
thirty  or  forty. 


DAVIS    HATCH.  263 

By  Mr.  Howard  : 

Q.  Not  more? — A.  I  think  not  more  than  that. 

Q.  How  many  of  them  died  ? — A.  I  cannot  say  ;  some  ten  or  a  dozen,  possibly.  I  do  not 
know. 

Q.  What  did  they  die  of? — A.  Fever.  The  Spaniards  seemed  to  have  a  sort  of  camp  fever 
which  went  through  their  army. 

Q.  What  description  of  immig-rants  were  they;  where  did  they  come  from? — A.  They 
were  mostly,  I  think,  New  England  and  New  York  men.  They  went  out  from  the  city  of 
New  York. 

Q.  Did  you  ever  hear  any  complaint  made  against  Cazneau  for  the  deaths  of  those  immi- 
grants ? — A.  No,  sir. 

Q.  Did  you  ever  hear  it  made  a  subject  of  conversation  on  the  island  particularly? — A. 
Never  in  the  world. 

By  Mr.  Schurz  : 
Q.  Is  Mr.  Cazneau  a  citizen  of  high  standing  there  ? — A.  Very  high. 
Q.  Good  reputation  ? — A.  Yes,  sir ;  the  best. 

By  Mr.  Warner  : 
Q.  Have  you  a  copy  of  the  constitution  of  Dominica  ? — A.  It  is  here. 

By  Mr.  Howard: 

Q,  Is  Mr.  Cazneau  an  educated  man  ? — A.  Yes,  sir. 
Q.    Has  he  a  family  there  ? — A.  A  wife. 
Q.    Children  ? — A.  No  children. 

Q.  Has  he  a  home  there  ? — A.  He  has  a  home  there — a  house. 

Q.  Is  his  wife  an  American  woman? — A.  Yes;  from  Troy,  New  York.  Her  fatlier  was  in 
the  State  senate  of  New  York. 

By  Mr.  Schurz: 

Q.    Are  you  entirely  familiar  with  the  constitution  of  San  Domingo  ? — A.  I  have  read  it 

Q.  Is  there  not  a  provision  in  that  constitution  which  prohibits  the  cession  of  territory  to 
a  foreign  power? — A.  I  believe  there  is. 

Mr.  Howard.  The  constitution  is  before  us. 

Mr.  Ferry.  But  it  is  in  the  original  Spanish  ;  it  is  not  translated.  (To  the  witness  :)  Will 
you  please  translate  tlie  third  article  ? — A.   It  is  as  follows  : 

"  Article  III.  The  territory  of  the  republic  is,  and  shall  be,  inalienable.  No  power  or 
authority  can  transfer  the  whole,  or  any  part  of  it,  in  favor  of  any  other  power.  " 

By  Mr.  Howard  : 

Q.  Is  there  any  commentary  on  that  .^ — A.  No;  the  article  proceeds:  " For  its  adminis- 
tration, it  is  divided  into  provinces,"  &c.  If  the  gentlemen  of  the  committee  will  allow  me, 
I  should  like  to  say  just  one  word  in  connection  with  the  paper  that  Senator  Ferry  introduced 
this  morning  as  to  the  private  character  of  Mr.  Hatch.  The  introduction  of  that  paper  mioht 
seem  to  imply  that  some  charge  has  been  made  against  Mr.  Hatch's  private  character,  and  as  I 
am  the  only  party  present  who  knows  Mr.  Hatch  personally,  or  who  has  known  him  intimately 
personally,  1  can  Cully  indorse  all  the  statements  of  that  paper  so  far  as  the  private  character 
and  relations  of  Mr.  Hatch  are  concerned.  I  believe  hinr  to  be  a  very  moral  and  virtuous 
man,  and  I  have  no  doubt  a  very  worthy  and  consistent  member  of  the  church  those  gentle- 
men speak  of.  It  is  his  political  error  tiiat  we  have  been  discussing  ;  and  in  my  judgment 
it  is  a  great  political  crime  to  excite  revolution  in  a  country  like  that,  wliere  the  people  are 
so  easily  excited,  and  particularly  among  a  people  who  are  really  wearied  of  revolution, 
and  ask  only  peace.  But  so  far  as  the  private  character  of  Mr.  Hatcli  goes,  I  have  never 
heard  anything  against  it,  and  in  a  small  place  like  San  Domingo,  if  there  was  any  allega- 
tion or  charge  against  his  private  character  as  a  father  or  a  husband,  or  in  any  way,  it  would 
be  known. 

By  Mr.  Howard: 

Q.  Have  you  been  intimately  acijuainted  with  him? — A.  I  was  ;  quite  so. 

Q.  Do  you  consider  him  a  man  of  careful,  accurate  observation,  and  scrupulous  iu  his 
facts  ? — A.  I  consider  him  a  very  obstinate  man. 

Q.  Is  he  not  a  somewhat  jntjudiced  man  } — A.  That  is  the  impression  he  produced  on  me. 

Q.  An  obstinate,  prejudiced  man? — A.  Decidedly;  a  very  prejudiced  man,  but  so  far  as 
his  private  relations  go,  so  far  as  his  private  conduct  is  concerned,  it  was  very  exemplary  in 
San  Domingo. 

By  Mr.  ScuiRZ : 

Q.  You  said  you  considered  it  a  great  crime  to  excite  revolution  ? — A.  Yes,  sir. 

Q.  Did  you  mean  to  indicate  that  Mr.  Hatch  had  attempted  to  excite,  or  was  in  the  habit 
of  exciting,  revolution  ? — A.  ,1  meant  that  there  was  that  allegation  against  him  there,  which 
appears  to  have  been  proved  by  the  finding  of  a  court.  I  knew  nothing  about  the  facts 
except  what  I  le  rned  ai  San  Domingo. 


264  DAVIS    HATCH. 

O.  E.  Babcock  recalled. 
By  Mr.  Williams  -. 

Question.  Did  you,  anywhere,  or  at  any  time,  or  in  any  way.  ad%-i-<e  Mr.  Perry  to  mis- 
represent or  conceal  any  facts  in  his  conimunications  to  the  State  Department,  while  he 
was  in  San  Domingo  .' — Answer.  No,  sir ;  I  never  did  and  never  intended  to. 

Q.  Do  you  know  of  any  advice  of  that  nature  given  to  him  by  anybody? — A.  No,  sir; 
I  do  not.  The  only  letter  I  wrote  that  could  be  construed  in  the  form  of  advice  was  one 
that  has  been  read  here,  and  the  explanation  that  I  have  to  make  of  it  is  what  I  gave 
when  it  was  read.  The  letter  received  from  General  Cazneau,  which  has  been  read,  and 
the  letter  I  had  received  from  Mr.  Perry,  told  me  that  these  things  w-ere  going  on. 

By  Mr.  Schurz: 

Q.  Vv'hat  was  going  on? — A.  The  quarrel  between  the  Americnns  there ;  that  is  what 
I  referred  to. 

By  Mr.  Ferry: 

Q.  Have  you  not  complained  of  Mr.  Perry's  communications  to  the  State  Department 
which  he  sent  from  San  Domingo,  and  stated  that  a  senator  had  said  that  his  commu- 
nications would  ruin  annexation  ? — A.  No  ;  I  do  not  think  that  way.  I  told  Mr.  Perry 
that  his  first  communication  had  been  misconstrued,  and  that  I  had  been  told  it  was  the 
worst  argument  which  was  used  in  the  discussion  with  reference  to  annexation. 

By  Mr.  ScilCRZ  : 
Q.  What  communication  was  that? — A.  The  communication  in  which  he  stated  to  the 
department  that  he  had  arrived  at  San  Domingo,  and  had  carried  out  the  instructions,  &c. , 
that  General  Babcock  had  given  him  to  sign  the  treaty,  and  that  he  was  ready  to  execute 
any  orders  that  might  be  sent  to  him,  and  that  he  would  do  so  free  from  any  personal  inter- 
est, or  something  like  that,  as  he  feared  that  other  people  had.  The  ground  I  took  was 
that  inferentially  it  alluded  to  me  as  having  those  interests,  and  I  think  I  said  to  him  that 
if  I  had  known  that  dispatch  was  here  I  would  have  had  it  referred  back  to  him  to  know 
who  was  meant,  and  I  told  him  that  I  did  not  believe  he  thought  it  was  I,  aud  he  said  no. 
he  did  not. 

By  Mr.  Fekky  : 

Q.  Did  you  not,  at  the  same  time,  complaiu  of  Captain  Bunce's  communications  to  the 
Navy  Department? — A.  No,  sir  :  I  was  not  aware  then  that  Captain  Bunce  had  ever  com- 
municated. 

Q.  Have  yon  at  any  time  ever  made  that  complaint  ? — A.  I  aip  not  aware  that  I  have.  I 
never  knew  that  Captain  Bunce  had  made  a  communication  until  the  day  his  dispatches 
were  brought  up  here. 

Q.  Did  you  know  that  there  was  in  the  State  Department  a  communication  from  5Ir.  Perry 
that  Baez  v.as  not  going  to  have  an  election  until  after  our  Senate  had  acted  ? — A.  I  >.lid  not 
know  of  it  until  it  was  read  here — a  disjiatch  which  indicated  that  he  had  ignored  the  forty 
days,  or  something  of  that  kind.     I  did  not  know  such  a  fact. 

Q.  Did  you  know  that  Captain  Bunce  had  reported  anything  on  the  subject  ? — A.  I  did 
not.  I  do  not  know  tliat  I  ever  saw  a  word  in  tlie  dispatches  sent  to  the  State  Department, 
except  that  I  had  a  general  information  of  them. 

Mr.  Howard  presented  the  reply  of  the  Secretary  of  State  to  Mr.  Perry's  letter  of  June  7: 

Mr.  Fish  to  Mr.  Perry. 

"Department  of  State, 

"  Washington,  June  16,  l'??©. 

"  Sir  :  I  acknowledge  the  receipt  of  your  coniniuuication  of  the  7th  instant.  Your  position 
as  plenipotentiary  termir.ated  witli  the  signing  of  the  treaty.  Thenceforth  your  functions 
were  cfinfined  to  tlios^'of  a  commercial  agent,  with  such  qualified  dii)lomalic  powers  as  prop- 
pvi}-  belonged  to  the  office. 

"  Your  allegnlion  that  you  have  not  received  in  return  for  your  eiideavors  to  act  honorably 
and  justly  in  yotir  intercourse  with  your  government  aiul  that  of  San  Domingo  the  same 
Hpiiit  of  frankness  and  honesty  of  jmrpose  is,  so  far  as  tliis  department  is  concerned,  an 
iincKlied-for  and  unwarranted  charge,  totally  without  foundation,  and  improper  to  be 
introduced  in  an  official  dispatch. 

"  In  n:any  respects,  your  communication  oftIii'7th  instant  contains  statements  and  informa- 
tion which  apj)ertr  to  have  bfen  withheld  from  the  de])aitnient  in  yoiu'  dispatches  written 
from  San  Domingo  at  the  time  tlie  ivents  are  said  to  have  tstken  phu-e.  In  regard  to  the 
iiiiinner  in  which  the  voting  was  conducted,  the  lucts  whidi  you  now  counnunicate  appear 
to  lip  at  variance  with  the  tacts  as  stated  in  your  telegraphic  and  written  dispatches  at  the 
time  it  occurred. 

"It  i.s  a  n'lbjict  ol  legrct  and  cause  for  censure  that  you  faileil  to  comply  with  the  instruc- 


DAVIS    HATCH.  265 

tions  to  which  you  refer,  '  to  write  everything-  to  the  department ; '  and  still  more  so  that 
you  allowed  yourself  to  be  seduced  into  communicating  incorrect  information. 

"The  efforts  which  you  made  to  prevent  the  grant  for  two  hundred  thousand  acres  of  land 
were  well  intended,  and  would  have  been  approved  by  the  department,  but  that  you  mistook 
the  channel  through  which  proper  diplomatic  ro])resentations  should  have  been  made  to  the 
authorities  in  San  Domingo. 

"  I  am,  sir,  your  obedient  servant. 

"HAMILTON  FISH. 
"Raymond  H.  Perry,  Esq., 

"  United  States  Commercial  Agent,  Snn  Domingo,  now  in  Washington." 

The  testimony  was  here  concluded. 

S.  Eep.  234 18 


INDEX 


Message  of  President,  and  accompanying  papers,  relative  to  imprisonment  of  Davis 

Hatch 1 

Additional  papers  relative  thereto 9 

Raymond  H.  Perry  examined 19 

O.  E.  Babcock  examined 35 

Letter  of  Secretary  of  Navy  to  Commander  Owen •. .  38 

Telegram  of  Secretary  of  Navy  to  Commander  Queen 39 

Letter  of  0.  E.  Babcock  to  Commander  Queen 40 

Report  of  Commander  Queen  to  Navy  Department 41 

D.  B.  Sackett  examined 46 

Rufus  lugalls  examined 55 

Hon.  Hamilton  Fish  examined 58 

— -Proceedings  on  the  trial  of  Davis  Hatch 65 

Raymond  H.  Perry  recalled 85 

Hon.  Hamilton  Fish's  examination  resumed 87 

Discussion  as  to  excluding  Mr.  Fabens  as  a  witness 98 

Dispatch  of  M.  Gautier  to  Mr.  Perry  of  February  19,  1870 101 

Dispatch  of  Assistant  Secretary  Davis  to  Mr.  Perry,  March  14,  1870 101 

Dispatch  of  Mr.  Perry  to  Mr.  Fish,  May  14,  1870 101 

Dispatch  of  Mr.  Perry  to  Mr,  Fish,  May  14,  1870 102 

Raymond  H.  Perry  recalled 102 

Raymond  H.  Perry's  letter  of  June  7,  1870 102 

O.  E.  Babcock's  examination  resumed 107 

Raymond  H.  Perry  recalled J  08 

Letter  of  O.  E.  Babcock  to  Mr.  Perry 108 

Letter  of  Mr.  Perry  to  General  Babcock 1 09 

O.  E.  Babcock  re-examined 109 

Raymond  H.  Perry  re-examined 110 

O.  E.  Babcock  re-examined 110 

D.  B.  Sarkett re-examined   Ill 

O.  E.  Babcock  re-examined Ill 

O.  E.  Babcock  re-examined 114 

Dispatch  of  M.  M.  Gautier  to  Mr.  Fish.  May  17,  1870.... 119 

Letter  of  Davis  Hatch  to  O.  E.  Babcock,  March  15,  1870 122 

Dispatch  of  Admiral  Poor  to  Navy  Department,  March  12,  1870 128 

Dispatch  of  Admiral  Poor  to  Navy  Department,  March  2U,  1870 129 

Dispatch  of  Lieutenant  Commander  Buuce  to  Navy  Department,  February  8,  1870  ..  129 

Letter  of  Davis  Hatch  to  Lieutenant  Commander  Huuce 130 

Letter  of  Lieutenant  Commander  Bunco  to  Davis  Hatch 132 

Letter  of  W.  L.  Cazneau  to  O.  E.  Babcock 135 

O.  E.  Babcock  re-examined 135 

Letter  of  credence  of  General  Babcock  from  President  Grant  to  President  Baez 137 

John  Somers  Smith  examined 148 

O.  E.  Babcock  recalled 163 

^Letter  of  General  Babcock  to  Lieutenant  Commander  Bunce 164 

John  Somers  Smith  recalled 165 

J.  VV.  Fabens  examined 166 

Rufus  Ingalls  recalled 175 

D.  B.  Sackott  recalled 176 

Hon.  W.  T.  Clark  examined 176 

J.  W.  Fabens  recalled 178 

__  Testimonial  of  citizens  of  Norwalk  as  to  Davis  Hatch 179 

A.  H.  Byiugton  examined 180 

Documents  relative  to  salt  mine  of  Neyba 182 

Letters — Davis  Hatch  to  Senator  Ferry 185 

Original  protocol  signed  by  O.  E.  Babcock  and  M.  M.  Gautier 188 

Mr.  Fish's  instructions  to  General  Babcock 189 

'^-.  Statement  of  Dominican  concessions 191 

Mr.  Fish  to  General  Babcock 192 

Mr.  Fish  to  Mr.  Perry 192 


268  INDEX, 

Page. 

Mr.  Fish  to  Mr.  Gautier 193 

Mr.  Fish  to  Mr.  Gautier 193 

Raymond  H.  Perry  recalled 1 93 

Letter  of  General  Ingalls  to  Mr.  Perry 195 

Letter  of  Mr.  Perry  to  General  Ingalls 196 

.Letter  of  General  Ingalls  to  Mr.  Perry 1 96 

Letter  of  J.  L.  Maria  and  Mr.  Perry 198 

Raymond  H.  Perry  recalled 200 

Letters  of  General  Babcock  to  Mr.  Perry 202 

John  C.  Burch  examined   203 

George  Boj-d  examined 204 

A.  H.  Byington's  statement 204 

E.  J.  Holmes  examined 205 

Raymond  H.  Perry  recalled 207 

Military  history  of  R.  H.  Perry 212 

Record  of  court-martial  in  case  of  United  States  vs.  Perr^' 220 

Raymond  H.  Perry  recalle;! 253 

Mr.  Fish's  reply  to  Mr.  Perry,  June  16, 1870 264 


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